Section 3 of the Fourteenth Amendment bans oath-breaking insurrectionists from holding office. The Supreme Court of Colorado has ruled that Trump’s name should not appear on primary ballots in that state. In Trump v. Anderson, the Supreme Court will consider whether Colorado erred. Oral argument begins on Thursday.
Under Section 3 of the Fourteenth Amendment, Trump disqualified himself from office on January 6th, 2021, at the very latest, when he violated his oath of office and took part in an insurrection. All that remains to be seen is whether the Supreme Court will find some way to re-qualify him.
The purpose of Section 3 is to halt a disaster between oath-breaking insurrection and a civil war. It is triggered by the oath-breaking insurrection so that we never have another civil war (or similarly tragic event). Section 3’s specific punishment (not holding office) prevents a specific class of people (oath-breaking insurrectionists) from using the power of elected office to damage the republic. [Continue reading…]