As the 2024 primary season nears, the American political landscape finds itself plunged into unprecedented turmoil.
As former President Donald Trump continues to dominate the Republican presidential primary, a storm of controversy has erupted over a rarely invoked clause of the Constitution that holds the potential to reshape the entire race.
The 14th Amendment, a post-Civil War addition to the Constitution, has lain dormant for decades, with its relevance being questioned by legal scholars and politicians alike.
However, the events of January 6, 2021, are now likely to change everything.
The attack on the U.S. Capitol by a mob of Trump’s supporters sent shockwaves through the nation, leaving scars that seem impossible to heal.
The 14th Amendment holds a provision that bars individuals from holding public office if they had once taken an oath to uphold the Constitution but later “engaged” in “insurrection or rebellion” against it.
Legal experts have began debating whether this clause can be applied to Trump, who had been impeached for his role in attempting to overturn the 2020 presidential election and for inciting his followers to storm the very heart of American democracy.
Liberal groups are seizing upon this potential avenue to prevent Trump’s return to the presidency.
Nonprofit organizations, driven by a conviction that accountability is necessary for the health of the nation’s democracy, have pledged to launch court challenges if states’ election officers dare to place Trump on the primary ballot despite the mounting objections.
Supporters of Trump face off with the police at the US Capitol on January 6, 2021.
What might follow will be a dizzying whirlwind of lawsuits, appeals, and legal battles likely to span across multiple states.
Gerard Magliocca, a law professor at Indiana University, says that the suits might begin soon, and might be active during the primaries.
“There’s a very real prospect these cases will be active during the primaries,” he told Associated Press on Thursday, August 31.
He has warned that there could be different outcomes in different states before the Supreme Court makes a final decision.
“Imagine you have an opinion that says he’s not eligible and then there’s another primary where he’s on the ballot.”
The issue has gotten a boost from a recently released law review article written by two prominent conservative law professors; William Baude and Michael Paulsen, who agree Trump can’t be President again.
“Taking Section Three seriously means excluding from present or future office those who sought to subvert lawful government authority under the Constitution in the aftermath of the 2020 election,” reads one of their articles.
by: Wasp-News