Could the 14th Amendment stop a 2024 Trump run?

[40RatRod]

Some Democrats appear to think so.
The Hill reported Friday that at least a dozen lawmakers have been holding meetings and speaking, both publicly and privately, about whether or not it would be possible to use Section 3 of the 14th Amendment to permanently bar Trump from seeking a second term.
The clause bars someone from holding office if they:
• Have "previously taken an oath" to "support the constitution," and...
• "Engaged in insurrection or rebellion" against the United States
Legal scholars are split on how to implement the provision — a controversial task, to say the least. There are currently three ideas floating around Capitol Hill:
1. A simple majority vote in both chambers of Congress that found Trump guilty of fomenting the insurrection would be enough to bar him from public office.
2. A "neutral" fact-finding body would have to determine whether Trump officially engaged in an "insurrection "or "rebellion" — a task for either a Congressional panel or federal court.
3. Local election officials could use Section 3 on a state-by-state basis to take Trump's name off their ballots if he were to run again in 2024.
It's unclear how well any of this would work — the effort would face a major hurdle at the U.S. Supreme Court, which maintains a conservative majority after Trump appointed three justices to the bench during his four years in office.
Learn more about the efforts to stop a 2024 Trump campaign.

[Trueblue Texan]

1. Maybe it could, but Trump is just a placeholder.

The one who comes after him may actually have a brain as big as his ego. Couple that equation with authoritarian aspirations and democracy falls here and around the globe. Then the question is, what will that authoritarian leader do with the largest arsenal of weapons in the world? Thinking, thinking, thinking hard...

[wyn borkins]

2. Whatever Happens

Last edited Sun Jan 9, 2022, 11:36 AM - Edit history (1)

He will be The BLOAT (forever)!

[3Hotdogs]

3. It will never get past the Supreme Court.

[gab13by13]

4. Bad idea,

whoever runs instead of Trump will use it to rally the GQP base.

[Solomon]

5. But but but they can't prove Trump had intent or anything to do with

the insurrection.

[bucolic_frolic]

6. 14A was big on words but soft on enforcement

If Democrats see an open window in the lame duck session 2022, they should expel a few and ram this through. Once it's on the books, it's on the books.

[Zeitghost]

10. How do we expel anyone

Without a 2/3 majority?

[bucolic_frolic]

12. If we had some convictions we might reach 2/3 here or there

[Buckeyeblue]

7. How do you balance that part of the 14th amendment with the 5th amendment?

I think the SC would say that you have to have some sort of conviction. Since the post-presidential impeachment did not garner a conviction, I don't think the SC would uphold a 14th amendment challenge.

I think the DOJ should formally charge him with whatever crime matches the language of engaging in an insurrection or rebellion.

Otherwise, I think this goes nowhere. Remember, we have a court full of original intent crazies who will say this part of the 14th amendment was written specifically to address confederate leaders.

[duhneece]

8. How broad is this? Does it apply to state and local elections!

Our Cowboys for Trump Couy Griffin is up for re-election. He’s been charged in 1/6 but doesn’t go to court until March.

[Fiendish Thingy]

9. Without a criminal conviction, it's highly unlikely Congress would attempt to invoke the 14th

And if they did, Trump might prevail in a court challenge.

The only things that could prevent Trump from assuming the presidency in 2025 are:

1) passing voting rights (might stop him)
2) putting him in prison (probably would stop him as the GOP would likely select another nominee)

[brooklynite]

11. Why do people keep leaping onto "miracle cure" political solutions?

A simple majority vote in both chambers of Congress that found Trump guilty of fomenting the insurrection would be enough to bar him from public office.

Absolutely not. Congress doesn't determine criminal liability. Courts do. And if the Democratic House does so in 2022, and the 2023 Republican House decides he didn't, how do you resolve that.

Either Trump is convicted of a crime or not. If not, either Democrats beat him in an election or not.

[everyonematters]

13. I want him to be the 2024 nominee,

So that we can kick him and his parties ass. After the Jan 6th committee gets done with him, there is no way he will be electable. The whole party can be disqualified.