According to legal scholars, criminal defendant Donald Trump can never make a bid for the White House ever again.
The Events of Jan 6th
While it’s clear that some right-wingers view the discourse around the effort to hold Jan 6th insurrectionists accountable for their crimes as an example of healthy differences in opinion, two conservative legal scholars have brought forth a strong argument against such a view – and it’s rooted in the Constitution.
William Baude and Michael Stokes Paulsen
The scholars in question argue that the Constitution undoubtedly bans Trump from running for the presidency ever again. Conservatives William Baude and Michael Stokes Paulsen have said that Section Three of the 14th Amendment disqualifies the former president from public office. While this is something that’s been discussed in great detail by a lot of different people, it’s interesting to hear the opinions of legal scholars.
The Disqualification Clause
Section Three is often referred to as “the Disqualification Clause.” It prohibits any individual who takes an oath of office, who then participates in an insurrection or supports insurrectionists, from holding office ever again.
Trump Fits the Criteria
Any changes made to the restriction would require a two-thirds majority vote in the House and the Senate. Moreover, it’s clear that Trump fits the criteria. Even if one argues he didn’t engage in insurrection himself, he definitely supported insurrectionists and went as far as to say he’d pardon a “large portion” of them if he was elected POTUS again.
No Conviction Required
Trump’s supporters often push back against the 14th Amendment argument by pointing out that the former president has not been convicted of anything related to insurrection. However, Baude and Paulsen have highlighted the fact that the Disqualification Clause does not require a conviction under criminal law.
The Charges Against Trump
The charges against Trump in his indictment by Special Counsel Jack Smith, in relation to the election, further support Baude and Paulsen’s assertion. They include conspiracy to obstruct an official proceeding and conspiracy against the rights of individuals to freely exercise their right to vote by attempting to oppress, threaten, or intimidate them.
So Much Evidence
Baude and Paulsen also pointed out that, despite all the clear evidence documenting Trump’s role in the Jan 6th attack, the “full legal ramifications” of the Disqualification Clause remain unenforced.
An Enduring Clause
Sometimes Trump’s followers try to argue that Section Three of the 14th Amendment only applied during the Civil War. This, however, is a misconception. The Disqualification Clause is enduring and still applies today. Furthermore, the clause is “self-executing,” meaning no additional action from Congress is necessary.
Couy Griffin’s Removal
In 2022, the Disqualification Clause was used to remove a county commissioner from office for participating in the Jan 6th insurrection, proving that it does, in fact, apply in this instance. The commissioner in question was Couy Griffin.
Protest vs. Insurrection
Another argument Trump supporters like to bring forward is that the Disqualification Clause infringes upon the First Amendment right to protest. Baude and Paulsen highlighted that this is incorrect as there is a difference between protest and insurrection.
It Is the Law
The scholars concluded that the Disqualification Clause encompasses a “broad spectrum of actions against the authority of the constitutional order.” They said: “Officials must enforce the Constitution because it is law. Section Three carries legal authority already.”
The Public Opinion
Section Three of the 14th Amendment and how it applies to Trump is something that has been discussed and debated in great detail across the internet in recent months. While the criminal defendant’s supporters maintain that it shouldn’t apply, most people seem to believe that it undoubtedly should.
A Dangerous Precedent
One social media commenter said: “So many people are saying disqualifying Trump sets a dangerous precedent but the real dangerous precedent is the people who are saying, ‘Let’s not uphold the Constitution because there might be consequences.’”
Where’s the Debate?
Others couldn’t understand how there’s even a debate over the Disqualification Clause. “I don’t see the controversy. It’s plainly obvious that he orchestrated and led a failed coup. The 14th Amendment is clear. What’s the debate?” one person wrote.
Laws Will Be Pointless
One person pointed out that if Section Three isn’t upheld, laws and the Constitution will essentially become “pointless.” They said: “The 14th Amendment should apply to every single elected official in this country that supported and aided the insurrection. If we don’t hold everyone accountable, the constitution and laws are pointless.”
A Political Gift
Arguing against barring Trump from office, one individual wrote: “This would be a political gift to the GOP. As of right now, Republicans will lose with Trump on the ticket and they will lose if they don’t nominate him. Having Democrats do the ‘dirty work’ will solve both problems.”
The Biggest Political Liability
The commenter continued: “It removes the biggest political liability while simultaneously supercharging the MAGA base. MAGA will see this as clear evidence that Democrats are ‘rigging’ elections. They will come out in full force for the GOP.”
Failed MAGA Arguments
Another person commented: “The 14th Amendment does not require a conviction. I wish MAGAts would get this in their heads. All I see is them claiming that it can’t be enforced without a conviction but that is simply not true. I’m so sick of it.”
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