The Constitution bars those "engaged in insurrection" from office. But does that apply to Mr Trump?

A longshot legal bid in multiple US states to disqualify Donald Trump from the 2024 US presidential ballot has pulled off a shock victory in Colorado.

The strategy involves trying to block Mr Trump from the primary ballot by invoking a rarely used provision of the US Constitution - Section 3 of the 14th Amendment - that bars those who have “engaged in insurrection or rebellion” against the country from holding federal office.

Initially backed by liberal activists, the theory gained more prominence in recent months as some conservatives also embraced it.

The Colorado Supreme Court was the first to side with the theory, removing Mr Trump from the state’s 2024 presidential ballot in a ruling published the week before Christmas.

It is the first time that Section 3 of the 14th Amendment has been used to disqualify a presidential candidate.

  • UID_Zero@infosec.pubEnglish
    77·
    1 year ago

    The untested legal gambit is a last-ditch effort to bar the candidacy of an ex-president who remains popular with his base instigated an insurrection against the nation and constitution he swore to uphold.

    FIFY…his popularity is not the issue here. It never was. It’s about actions he took, and what the law says happens at this point. I don’t care how much his base loves him. We can see that even today, after all the history we have, people still support Hitler. People are fucking idiots, but that’s not illegal. Inciting an insurrection is, however.

    • QuarterSwede@lemmy.world
      34·
      1 year ago

      Yeah, this article misses the main point in its section on Does Section 3 apply to Trump? Was Jan 6th an insurrection? And if so, did Trump incite it? That’s all that matters. This is a law on the books and has been for some time. The angle that the law shouldn’t apply because voters should have the right to vote no matter what is not the question and is a straw man argument.

      • CheradenineEnglish
        33·
        1 year ago

        ‘A rarely used provision’ that’s because violent traitorous insurrection doesn’t really happen that much nowadays.

    • Lemmialope@lemmy.today
      4·
      1 year ago

      Nothing to worry about if he gets elected. He was clear that he won’t be a dictator “except on day one.”

    • lolcatnip@reddthat.comEnglish
      1·
      1 year ago

      His popularity is an issue, just not in the way the article suggests. If Trump wasn’t popular enough to be elected, this whole exercise would be unnecessary.