Top Democrats, led by Representative Adam Schiff of California, advocate for the use of the 14th Amendment of the U.S. Constitution to potentially disqualify former President Donald Trump from the 2024 presidential race.
As reported by The Epoch Times on Monday, September 4, 2023, as the political landscape intensifies, the question of Trump’s eligibility under Section 3 of the 14th Amendment, which pertains to insurrection or rebellion, is set to be decided by the U.S. Supreme Court.
Section 3 of the 14th Amendment, established in the aftermath of the Civil War, explicitly bars any citizen who has engaged in “insurrection or rebellion” against the United States or provided “aid or comfort to the enemies thereof” from holding public office.
Representative Schiff, in a recent MSNBC interview, asserted that the 14th Amendment provides a valid case for disqualifying President Trump from seeking public office.
Schiff stated, “It doesn’t require that you be convicted of insurrection.
It just requires that you have engaged in these acts. It’s a disqualification from holding office… And it fits Donald Trump to a T.”
Schiff’s confidence in the applicability of this constitutional provision to Trump’s actions during his presidency underscores the gravity of this legal dispute.
The key point of contention centers on how the 14th Amendment will be invoked in practice.
Schiff anticipates that the law will be tested when a secretary of state, responsible for managing election ballots, faces the decision of whether to include Trump on the ballot for the 2024 presidential election.
This decision is expected to lead to litigation, potentially culminating in a Supreme Court case.
Schiff mused, “I would imagine that it would go up to the Supreme Court. And that’s the big question mark through all this what will the Supreme Court do?
This uncertainty stems from the fact that the legal interpretation of the 14th Amendment in the context of a former president’s eligibility for a second term is uncharted territory.
The question of Trump’s eligibility has ignited debates among constitutional scholars and legal experts.
Some argue that the language of the 14th Amendment is clear and unambiguous, making Trump’s disqualification a matter of strict adherence to the Constitution.
However, the ultimate decision lies with the U.S. Supreme Court, raising questions about how the court’s justices will interpret and apply this century-old constitutional provision.
Schiff acknowledged that while there are “prominent constitutional scholars as well as prominent progressive scholars who believe that he should be disqualified,” the court’s decision remains uncertain. He noted, “Ultimately, only time will tell.”