The 14th Amendment Disqualification Gambit
As people search around for some means of taking action against President Donald Trump in light of the events of the past several weeks, and particularly of January 6, some have alighted on a previously obscure part of the Constitution. This is not the way.
The Fourteenth Amendment was adopted by Congress in 1866, and its first section extending new federal protection to the rights of individuals has been the most consequential. Section Three has mostly faded into practical irrelevance. It states:
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
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