Title: The 14th Amendment: Could it Block Donald Trump from Becoming President?
Subtitle: Constitutional experts discuss the little-known Section 3 of the 14th Amendment and its potential impact
By [Your Name]
[date]
Equal protection under the law. That’s the best-known part of the 14th Amendment to the Constitution. But there’s a little-known part of it that’s urgently relevant now. Section 3 of the 14th Amendment to the Constitution bars from office any public official involved in an insurrection.
“This was written to keep former officials who joined the Confederacy from returning to office unless Congress gave them a waiver or exemption,” Gerard Magliocca, professor of law at Indiana University, says.
In the wake of the divisive events that unfolded on January 6th at the U.S. Capitol, there has been growing debate about the accountability and consequences for those who incited or participated in the insurrection. One possible consequence that has emerged in this discussion is how the 14th Amendment could potentially block former President Donald Trump from running for president again.
On Point, a popular radio talk show, recently explored this topic in an episode titled “How the 14th Amendment could block Donald Trump from becoming president.” The show featured legal experts who analyzed the constitutional implications of Section 3 of the 14th Amendment and its potential effects on Trump’s political future.
Gerard Magliocca, the professor of law at Indiana University and author of “American Founding Son: John Bingham and the Invention of the Fourteenth Amendment,” shed light on the historical context and purpose of Section 3. He explained that its primary aim was to prevent former Confederate officials from regaining public office unless Congress granted them a waiver or exemption.
Magliocca’s views were echoed by Michael McConnell, professor and director of the Constitutional Law Center at Stanford Law School and a senior fellow at the Hoover Institution. He too highlighted the relevance of Section 3 in relation to Trump’s potential candidacy in future elections.
However, legal reasoning and political reality often collide, and determining the applicability of the 14th Amendment to prevent Trump from running for office again is a complex task. The interpretations of legal scholars and the ultimate decision would require analysis by Congress or even the judicial system.
The issue has drawn the attention of organizations such as Citizens for Responsibility and Ethics in Washington (CREW), whose president, Noah Bookbinder, also commented on the matter. While the legal landscape is yet to fully crystallize, Bookbinder emphasized the importance of accountability for those who undermine democratic processes, including exploring all available legal avenues.
As the political and legal landscapes continue to evolve, it remains to be seen how the interpretation of the 14th Amendment’s Section 3 will be applied in the specific case of Donald Trump. The constitutional experts’ insights shared on On Point provide valuable context and understanding of the potential consequences arising from the events of January 6th.
The conversation around the 14th Amendment’s role in shaping the future of Trump’s political aspirations continues to evolve, as legal experts, lawmakers, and citizens grapple with the intersection of constitutional law, politics, and accountability in a complex and ever-changing landscape.