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On Thursday, the U.S. Supreme Court will hear former President Donald Trump’s appeal of a Colorado ruling that excluded him from the presidential primary ballot for his role in the Jan. 6, 2021, riot at the U.S. Capitol.
In votes on December 4 and 3, the Colorado Supreme Court ruled that Trump was disqualified from the race due to Section 3 of the 14th Amendment to the U.S. Constitution. The post-Civil War clause prohibits anyone who “participated in the rebellion” from ever holding public office again.
Similar legal challenges to Trump’s candidacy have been filed across the country, with Maine’s Democratic secretary of state ruling that Trump is ineligible to vote.
This ruling could have a major impact on this year’s presidential election. If a judge rejects Trump’s arguments and upholds Colorado’s decision, other states could follow suit and remove Trump from their votes.
Here’s what you need to know about the constitutional provisions that will be the focus of the debate.
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What is the 14th Amendment?
The 14th Amendment to the U.S. Constitution was passed in the post-Civil War era and was intended to extend freedom under the Bill of Rights to formerly enslaved people. It was passed by Congress in June 1866 and ratified in July 1868.
It also established due process rights at the state level.
The Fourteenth Amendment to the U.S. Constitution has been the subject of public debate in recent years after the U.S. Supreme Court overturned Roe v. Wade. The Fourteenth Amendment’s Due Process Clause has been used to defend the right to privacy, a key argument in his 1973 Roe v. Wade decision that protected the right to abortion.
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The 14th Amendment, Full Article 3: What Does It Say About Rebellion?
Section 3 of the 14th Amendment to the U.S. Constitution is under discussion regarding President Trump’s alleged involvement in the January 6 riot at the U.S. Capitol.
Section 3 states:
- No person may serve as a senator or representative of Congress, or as an elector for president and vice president, under the United States or any state, or as an elector of the United States or under any state, unless he has previously taken the oath of office as a member of Congress. He shall not be eligible to hold any office, civil or military, under the state. engaged in rebellion or insurrection in support of the Constitution of the United States, either as a member of Congress or as an officer of the United States, or as a member of a state legislature, or as an executive or judicial officer of any state; There is. In the same way, or to give aid or comfort to one’s enemies. However, Congress can remove such obstacles by a two-thirds vote in each house.
In short, it prohibits those who have committed rebellion after taking an oath to uphold the Constitution (e.g., by taking an oath of office) from holding public office again.
Before:Maine removes Trump from vote, says ‘insurrectionist ban’ disqualifies him
Section 3 of the 14th Amendment and Trump’s 2024 presidential election
The Colorado lawsuit is one of several around the country that allege that Trump is once again disqualified from the presidency by invoking Section 3 of the 14th Amendment to the U.S. Constitution.
His lawyers argue that the provision was never intended to apply to the presidency and is not directly mentioned, unlike Article III’s “members or members of Congress.” .
Plaintiffs and lawyers for the Washington watchdog group Citizens for Responsibility and Ethics allege President Trump’s efforts to overturn the results of the 2020 election, including his involvement in the Jan. 6, 2021, attack on the U.S. Capitol. They argued that the effort meant they were involved in the rebellion. He has been indicted by a federal grand jury on charges of conspiracy and obstruction. The indictment alleges that Trump directed his supporters to march on the Capitol.
A lower court judge initially ruled that Trump would remain on the primary ballot in November. Colorado Judge Sarah Wallace found that President Trump “engaged in insurrection,” but ruled that Section 3 of the 14th Amendment does not apply to the president.
The Colorado Supreme Court reversed that decision.
“We do not reach this conclusion lightly,” the court wrote. “We are mindful of the magnitude and weight of the issues before us and, equally, without fear or favor, we will continue to challenge the public to the decisions that the law requires us to make. We are also mindful of our solemn obligation to apply the law without being swayed by reaction.”
The court put the decision on hold until January, giving President Trump time to appeal to the U.S. Supreme Court.
Contributors: Maureen Grope, Sudiksha Kochi, John Fritze, Aisha Bagchi, David Jackson, Orlando Mayorkin
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