The drive to eliminate former President Donald Trump from state ballots in the upcoming 2024 election is intensifying across the nation. Critics contend that Trump’s involvement in the Capitol attack renders him constitutionally ineligible to serve as president, sparking a heated debate on both sides of the aisle.
Trump Is in the Lead
Despite Trump’s commanding lead in the GOP primaries, he now faces four distinct indictments spanning the East Coast.
His Stream of Charges
These charges include alleged offenses like hush money, mishandling classified documents, election interference, and racketeering.
Labels It as a ‘Witch Hunt’
Trump vehemently denies any wrongdoing, labeling the charges as part of a politically motivated “witch hunt” orchestrated by the Biden administration and Democratic prosecutors.
They’re Citing the 14th Amendment
Adversaries from various political backgrounds are arguing that, according to the 14th Amendment of the U.S. Constitution, Trump’s participation in the January 6 Capitol incident bars him from future office.
The First to Challenge Trump
Lawrence Caplan, a Florida tax attorney, recently became the first to challenge Trump’s presidential candidacy in federal court.
‘Disqualification Clause’
He pointed to the Amendment’s “disqualification clause,” which stipulates that those who have “engaged in insurrection or rebellion” against the government are ineligible for office.
What Was Said
Caplan asserted, “The bottom line here is that President Trump both engaged in an insurrection and also gave aid and comfort to other individuals who were engaging in such actions, within the clear meaning of those terms as defined in Section Three of the Fourteenth Amendment.”
Challenging His Eligibility
He went on to challenge Trump’s eligibility for office and questioned his ability to run again.
What Is the 14th Amendment?
The 14th Amendment, ratified in 1868 after the Civil War, was designed to usher in a new era of freedom for previously marginalized citizens.
The “disqualification clause,” initially meant to prevent former Confederacy members from holding office, could, in theory, be applied to those engaging in future insurrections against the U.S.
‘Self-Executing’
Two legal scholars associated with the conservative Federalist Society, William Baude and Michael Stokes Paulsen, endorsed the idea that this clause is “self-executing.”
Argue He Should Be Disqualified
They argued that any government official involved in planning, supporting, assisting, encouraging, endorsing, or aiding an insurrection, such as the events of January 6, should be constitutionally disqualified from holding office.
Other Republicans Wouldn’t Support Him
Amidst the debate, former Arkansas Governor Asa Hutchinson emphasized during the GOP presidential debate that he wouldn’t support someone “convicted of a serious felony or who is disqualified under our Constitution.”
Organizations Are Pressuring for Disqualification
Notably, civil rights organizations Mi Familia Vota and Free Speech for People launched campaigns aimed at pressuring state officials to disqualify Trump from appearing on ballots in several states for the 2024 elections.
Working to Challenge His Candidacy
Additionally, former New Hampshire U.S. Senate candidate Bryant “Corky” Messner is working to challenge Trump’s candidacy at the state level.
Critics Argue It Poses a Risk to the Constitution
The controversy surrounding this move is undeniable. Critics, including Harvard Law School Professor Emeritus Alan Dershowitz, argue that invoking the clause poses a risk to the Constitution by putting the decision about the president’s eligibility in the hands of officials rather than the people.
This Issue Will Be Ongoing
Despite the ongoing legal and ideological battles, the issue remains a central point of contention as the 2024 election season draws nearer.
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Featured Image Credit: Shutterstock / Phil Pasquini. The people shown in the images are for illustrative purposes only, not the actual people featured in the story.
Source: The Hill