Here’s How a 14th Amendment Strategy Could Bar Trump From Ever Holding Office Again

Donald Trump hates democracy when it is not for its ends, as has been confirmed by inciting the president last week of a deadly attack on the U.S. Capitol by supporters of its failed attempt to dismiss President 2020 results. But that doesn’t mean that Trump wants to give up his dream of a catastrophic second term as President of the United States.

Because of this, every option needs to be explored in order to hold Trump accountable. Immediate impeachment and removal of the President is the first and best option, and the House of Representatives is ready to begin the process on Wednesday. However, if Senate Republicans block the completion of this process, it may not be the end of the job of ensuring that the threat Trump poses is addressed. In particular, consideration should be given to the prospect of Congressional action that recognizes that the President’s incitement to insurrection prevents the President from ever holding public office under the requirements of the 14th Amendment to the US Constitution.

The 14th Amendment, incorporated into the Constitution after the Civil War, is a blunt instrument that in its third section prescribes:

No person may be a Senator or Representative in Congress, or electorate for the President and Vice-President, or hold any civil or military office in the United States or in any state that has previously sworn an oath in Congress or as an officer of the United States or as a member of one By state legislature, or as an executive or judicial officer of a state in support of the United States Constitution, must have participated in, or given help or comfort to, insurrection or rebellion against the United States.

Section 5 of the amendment states: “Congress has the power to enforce the provisions of this article through appropriate legislation.”

This power is logical because Donald Trump will remain a clear and present threat to the republic as long as he remains president – and as long as he seeks the presidency.

After everything that has happened in the last week, it is easy to imagine that Trump wrote himself out of the competition for public office. That’s not the case. Trump is still planning, still planning, still campaigning – as has been shown at length his planned trip to Alamo, Texas on Tuesday to highlight its crusade to build a wall on the US-Mexico border.

To imagine that Trump will fade after January 20, it must be denied everything Americans know about the president’s massive ego, his reluctance to be seen as a loser, and his determination to accept his defeat in the 2020 election revenge. Because of this, former Labor Secretary Robert Reich and others have focused on holding Trump accountable not only for previous actions, but also ensuring he does not expand the threat to the republic by positioning himself as president-in-exile after he leaves the office . “We must,” says Reich“Make sure Donald Trump can never hold public office again.”


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