Legal and political scholars are reviving a debate about whether the U.S. Constitution’s 14th Amendment could keep former President Donald Trump off the 2024...
How would a 14th Amendment ban be triggered?
“There is no consensus” on how to determine whether Trump engaged in “insurrection or rebellion,” said Michael Gerhardt, University of North Carolina law professor. The most direct precedent comes from the post-Civil War period, when Congress passed a law that laid out how the provision should be implemented. But Republican resistance to labeling the events of Jan. 6 as an insurrection likely would make passing a new law insurmountable — especially in the Senate, where the support of at least nine of Trump’s fellow Republicans would be needed to proceed to a vote.
Trump’s campaign would then sue, and whichever side loses likely would appeal, said Richard Pildes, a New York University law professor. The case could head to the Supreme Court, which would be able to determine a binding national answer and rule out the possibility that Trump would be kept off the ballot only in certain states.
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