As state court proceedings get under way in Colorado, Michigan and Minnesota in lawsuits aimed at barring Donald Trump from appearing as a presidential candidate on the ballot in next year’s presidential election, the judges in those cases should understand that the text, history, and application of the 14th Amendment make it clear that they have...
President Donald Trump meets with Qatar's Emir Sheikh Tamim Bin Hamad Al-Thani in the Oval Office of the White House, Tuesday, July 9, 2019, in Washington.from appearing as a presidential candidate on the ballot in next year’s presidential election, the judges in those cases should understand that the text, history, and application of the 14Due to Trump’s supposed actions on Jan.
Given our federal constitutional system, state and federal courts should not gainsay the findings of Congress on this issue. The risk of inconsistent rulings from state and county election officials, as well as from the many different courts hearing these challenges, could cause electoral chaos. Third, there is an argument that can be made—and which was already adopted by one federal court—that Section 3 doesn’t even exist anymore as a constitutional matter.Amendment was ratified in 1868 after the end of the Civil War. It was aimed at the former members of the Confederate government and military who had previously been in Congress or held executive posts.
Congress even got rid of these remaining exceptions in the Amnesty Act of 1898, which stated that “the disability imposed by section 3 of the Fourteenth Amendment to the Constitution of the United States heretofore incurred is hereby removed.” There was no language preserving any of the disqualifications for future cases.
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