Photo edit of President Donald J. Trump.
Photo edit of President Donald J. Trump.

14th Amendment’s Impact on Trump’s 2024 Candidacy: Will It Work?

Historical Context & Implications

  • The 14th Amendment, ratified post-Civil War, has a provision, Section 3, that could potentially hinder Donald Trump’s ambitions for the 2024 presidential race.
  • Specifically, Section 3 states that any individual who has sworn an oath to uphold the U.S. Constitution, but subsequently engages in insurrection or rebellion against it, cannot hold office.
  • Some scholars and groups posit that Trump’s involvement and actions related to the events on Jan. 6, 2021, might be categorized as insurrection.

State-level Deliberations

  • The issue has caught the attention of several states, with New Hampshire, Arizona, and Michigan leading discussions.
  • While some secretaries of state believe they don’t possess the power to exclude Trump from the ballot, others contend that the topic is still unresolved and might necessitate legal judgments.

Push from Advocacy Groups & Legal Discourse

  • Nonprofit organizations, such as Free Speech For People and CREW, are gearing up to present legal challenges regarding Trump’s eligibility.
  • The debate about the amendment’s relevance to Trump has penetrated the legal community. Notable figures, including legal experts and politicians like Rep. Adam Schiff, have weighed in.
  • Many have questioned the original intent behind Section 3, emphasizing their concern over its potential modern applicability.

Trump’s Response

  • Trump himself labeled such efforts to bar him from the ballot as akin to “election interference.”
  • Trump added:

“Almost all legal scholars have voiced opinions that the 14th Amendment has no legal basis or standing relative to the upcoming 2024 Presidential Election,” Trump wrote. “It is just another ‘trick’ being used by the Radical Left Communists, Marxists, and Fascists, to again steal an Election that their candidate, the WORST, MOST INCOMPETENT, & MOST CORRUPT President in U.S. history, is incapable of winning in a Free and Fair Election.”


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