Some believe the provision in the 14th Amendment could keep Trump out of office
With experts saying the Senate is unlikely to condemn former President Donald Trump, some say a provision in one of the many amendments to the constitution could be another option for Democrats.
PHOENIX – – As the second impeachment trial of former President Donald Trump begins, some Democrats are exploring the other option to see how to ensure that the ex-president cannot run for office again due to uncertainty as to where the trial could lead.
Section 3 of the 14th Amendment is a dark part of the Constitution that has not been applied in a long time. However, experts say that getting there is not an easy one.
The 14th Amendment was created immediately after the Civil War to prevent anyone who worked with the Confederation from working with the US government or running for office.
“If Trump is charged, he has to be tried by 2/3 votes,” said Dan Barr, Phoenix Constitutional Attorney. “Congress could then vote by a simple majority to prevent him from running again. That is one of the means against impeachment.”
Barr says if that option doesn’t work, then there is section 3 of the 14th amendment which says:
No person may be a Senator or Representative in Congress, or electorate for the President and Vice President, or hold any civil or military office in the United States or in any state that has previously taken an oath of Congress or as an officer of the United States or as a member of one By state legislature, or as the executive or judicial officer of a state in support of the United States Constitution, must have participated in, or given help or comfort to, any rebellion against or against the United States. However, Congress can remove this obstruction through a two-thirds vote of each house.
“A lot of people are excited about the language of the 14th Amendment and ‘well, that will go to Trump and he will be expelled from office’ but there is no law in which he supported the insurgency and aided the United States,” said Barr.
Section 5 of the same amendment states that there must be a law stating that a person or group of people has supported and facilitated an insurrection before section 3 is applicable.
Congress has the power to enforce the provisions of this article through appropriate law.
“The 14th change is not self-executing,” said Barr. “Congress would have to pass a law stating that Trump supported and facilitated the uprising against the US, and Trump would be able to challenge this in court if he wanted to.”
In other words, Barr says hypothetically it would be easier to convict Trump in the Senate and take the option of banning him with a congressional vote than to use the 14th amendment.