Could the 14th Amendment bar Donald Trump from running for president again?

• Donald Trump recently announced he’s running for president again.
• Some lawmakers want to use the 14th amendment to bar him from office.
• What is the 14th amendment?

On November 15, Donald Trump announced that he is running for president of the United States again, sparking an uproar. This comes after the Republican Party did not do as well as they hoped in the midterms.

However, the 14th Amendment of the United States Constitution could prevent him from holding public office again. It seems that things are not turning out as Trump wanted since he’s still in the middle of the alleged electoral fraud scandal of 2020.

What is the 14th amendment?

The 14th Amendment of the United States Constitution is one of the post-Civil War amendments and includes, among others, the Due Process Clause and the Equal Protection Clause. It was proposed on June 13, 1866, and ratified on July 9, 1868.

Trump has argued during his presidency that the birthright citizenship clause of the amendment should be changed. The amendment provides a broad definition of national citizenship, which overturns the Dred Scott v. Sandford (1857), which had excluded slaves and their descendants from possessing constitutional rights.

How does the 14th Amendment affect Trump?

But it is the much lesser-known text of Section 3 of the 14th Amendment that deals with acts of insurrection: No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Clearly, all officials took an oath to uphold the Constitution. And the Constitution requires an election and a vote by the Electoral College to determine the next president. Anyone who was complicit in inciting riots determined to stop that process could reasonably be considered to have violated it.

Lawmakers seek to invoke the 14th Amendment to prevent Trump from running

Democratic Representative David Cicilline has proposed legislation that would prevent Donald Trump from becoming president again, saying he should be banned by the 14th Amendment, under the argument that he «led an insurrection against the United States».

The investigation that has been carried out into the attack on the Capitol on January 6 has revealed that Donald Trump was involved in inciting his followers to demonstrate violently over the 2020 elections, which he said had been a fraud. FILED UNDER: Donald Trump 14th Amendment

The 14th Amendment has not been applied for years

Ousting lawmakers is not something Congress does lightly. A handful of legislators were expelled at the outbreak of the Civil War for supporting the Confederacy. No legislator has been removed using the 14th Amendment since its ratification after the war.

Only two other congressmen were expelled, for ethics violations, in the ensuing 160 years. Legislators with legal problems usually resign. With information from CNN en Español, La Opinion and Diestra USA. FILED UNDER: Donald Trump 14th Amendment