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As a bipartisan effort to prevent former President Donald Trump, the current leading 2024 GOP candidate, from running again for the White House using a provision of the Constitution gains strength, the nation’s highest court may need to step in and settle the matter.

Section 3 of the 14th Amendment, which was ratified in 1868 following America’s divisive Civil War, states that any political leaders who have violated their oaths of office by engaging in insurrection or rebellion against the United States are prohibited from holding federal office. This clause was primarily aimed at those involved with or supporting the Confederacy.

In an effort to bring healing and reconciliation to the nation, Congress passed two general amnesties for former Confederates in 1872 and 1898, with the latter amnesty declaring that any disability set forth by Section 3 had been removed. However, some legal professors and experts do not agree with this conclusion, as reported by the Los Angeles Times.

“Despite its long slumber, Section 3 … is alive and in force,” and it may play a major role in next year’s election, say law professors William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas, both of whom are considered to be rock-solid conservatives.

The Times noted:

In a 126-page law review posted last month, they put a new focus on the Constitution’s response to the nation’s greatest insurrection and find significantly higher odds that the Supreme Court will be confronted with the claim that former President Trump, the Republican front-runner in polls for 2024, is legally disqualified from holding office.

As constitutional originalists, Baude and Paulsen believe the document’s terms should be interpreted in line with how they were understood at the time of their adoption. They say the word “insurrection” was understood to refer broadly to the concerted use of force or pressure to obstruct or overthrow the authority of the government.

“It sweeps in a broad range of conduct attacking the authority of the United States,” they wrote.

They assert that the authority for implementing the disqualification clause lies not with Congress or the Justice Department, but rather with numerous state, county, and federal officials who are qualified to evaluate a candidate’s eligibility for office and determine if their name should appear on the ballot according to the Times.

“Taking Section 3 seriously means that its constitutional disqualifications from future state and federal office holding extend to participants in the attempted overturning of the presidential election of 2020, including former President Donald Trump and others,” Baude and Paulsen argued further.

Their stance could include denying any support for those accused or convicted of taking part in the incident at the U.S. Capitol Building on January 6, 2021. While some have characterized this event as an “insurrection,” others have referred to it simply as a riot, similar to those that occurred throughout the summer of 2020 following the death of George Floyd in Minneapolis; including one where uniformed Secret Service and other federal officers were targeted outside of the White House while President Trump was still in office.

The United States Supreme Court is set to consider the case of John Castro v. Donald Trump on September 29th, with a final decision expected by October 9th.

The matter centers around whether or not President Trump should be disqualified from holding any future federal office in accordance with the Constitution.

Professor Emeritus Alan Dershowitz of Harvard Law School pointed out that there is no formal mechanism in place to determine if the president was involved in an insurrection, as stated in a recent newsletter by 1945.

ICYMI: Former Trump Advisor Dr. Peter Navarro Convicted of Criminal Contempt of Congress – Faces Prison Time, Heavy Fine

Doug Goldsmith

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18 comments

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  • Father Forgive them for they know not what they do, but on the other hand “They Do Know” When someone spits in your eye, they cross the line and these who think they are god, have crossed the line.
    They each needs to reap what they so, they need to get what they sent around in spades
    The people of America need to Pray, as they did with JERICHO because YOU told them what to do and how to do it. You promised if they listened you would intervene.
    Interveine Lord

    • There is none now nor was there ever some spirit in the sky. As u all belive. If there really was this so called “god”. Why does he or she allow all the death, destruction, and madness. Get real

      • Our lives, no matter how long we live, are not even a blip in the timeline of eternity and how we live this life determines how we live for eternity. If you don’t want to believe that, it’s your choice. In this life, God gave us free will which means some are victims when another chooses to commit a crime. To deny the criminal their free will would mean He would have to punish all of us by denying all of us our free will. That’s fair and equitable, you know. And God gave you the free will to deny Him. But be warned, judgement is coming and those who deny Him with their dying breath are probably going to doomed to a very hot eternity. Whether that’s true about you or not is not for me to judge, only Jesus can do that.

      • Dear Guito.

        God doesn’t “allow” bad things to happen. God gave man free will. Becuase God loves us so much, he won’t force us to follow him. Man and his sinful nature is responsable for the majority “death, destruction and madness”.
        God is real. God loves you unconditionally.
        I truly home that you seek and find God before it’s to late..

    • Agree with the sentiment, BUT there is No interventionist God. There never has been or the world would not be populated by with Muslims and the Queer community. Both groups want to destroy the rest of us!

      • Dear Dave.

        God doesn’t “allow” bad things to happen. God gave man free will. Becuase God loves us so much, he won’t force us to follow him. Man and his sinful nature is responsable for the majority “death, destruction and madness”.
        God is real. God loves you unconditionally.
        I truly home that you seek and find God before it’s to late..

  • It doesn’t matter to the Communist Democrats and the worthless Communist RINOS that President Trump is innocent of insurrection they know he’s not guilty, and they don’t give a damn what We The People say with 65% support for President Trump, the Communist in Washington DC are at War with the American people.
    What their doing to destroy America is High Treason and they’ve constantly bypassed the Constitution many many times but when it serves their purpose to save their sorry asses they turn to it. All Communist Democrats and Rinos must be destroyed at all costs immediately before it’s to late. God will guide us to over come and save President Trump so we will prevail to regain peace.
    President Trump will be our next President in 2024.

    • I agree with you 100% and am praying we are right Donald J Trump will be our President in 2024. If he isn’t we may as well bend over and kiss our behinds ‘goodbye!’ If the ones in there now continue in there we are a goner. Obama said in his campagn speech, we were to arrigent (sp?) and if he got to be president he would make us more equivalent to the third world countries. That is just what he is doing!!

      • What no one is saying or realizes. No matter who wins, but I predict it will have started long before Election Day…….the Mother of all Civil Wars is coming…..FOR REAL
        GET PREPARED.
        TRUMP WINS = Dems burn country to the ground.
        Steal another election = there will never be a safe place on this planet for Dems, illegal immigrants, everyone at social media n favke news channels will immediately be slaughtered for being major contributors n stop the fake reporting while true American Patriots slaughter all lefts, Dems like fish in a barrel for destroying the best country on earth.
        It started by revolution n it s time to flush the toilet

  • A peaceful protest turned into a riot by the internal insiders insurrectionist to blame/ punish a majority of innocent people who went to WDC to exercise A constitutional right of freedom of speech to question/challenge the election that we know and the dems know we know it was stolen! For crying out loud the person who planted the bombs the night before J6 is free no news about him not even charged. But For Christ sake Trump who called for Peace on J6 gets harassed with trying to take him off the 2024 ballot is so out of touch because we can just write him into office.

  • I’m not convinced. Even as a layman, I find the paper written by these two professors unconvincing. Here is why.

    1. Starting on page 4 of their 126-page paper they show extreme bias declaring that all claims of voter fraud during the 2020 general election were proven false and were claimed fraudulently. Neither of which was the case. Throughout the paper, they treat Trump and anyone who voiced concerns about the 2020 election as convicted insurrectionists. This extreme position belies the facts and shows extensive bias, which then pervades their analysis.

    2. They create strawmen that they then argue against. A big one is claiming that other experts in the law are asserting that “Congress, by [a] two-thirds vote of each house, [has] essentially “explode[d]” Section Three—render[ing] it inoperative in the future, for all time” [page 11]. I know of no one who has taken this position. But even if such a person does exist, the opposing view is more generally that Congress paused removal from such disabilities and has not reactivated it.

    3. In classic professorial fashion, while the two authors acknowledge generally that there are many basic questions about the 14th Amendment, Section Three that are being discussed in the legal community, they then claim that they have all the relevant answers and everyone else is wrong. They “profess” to know many things that the rest of the legal community are unsure of or have taken varying positions, and want you to agree with them without really engaging the questions and positions others in the legal community postulate.

    I really appreciate the author of this article providing a link to the actual paper and would encourage others to look at it and see if you see the same things I have.

  • hopefully this does not happen and if they succeed then every one of the republicans voters should not vote for any republicans anymore these people are just disgusting with their foolishness

  • Yes sir the leftists anti Americans chose the term insurrection when it was the Nan-Chunk J/6 Erection to create excitement and dog and pony show for their useful idiots on the left.

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