The controversy over the implementation of Section 3 of the 14th Amendment arises because Donald Trump is the first president in United States history to be credibly accused of insurrection. Prominent constitutional scholars agree that Donald Trump meets the criteria for Section 3 of the 14th Amendment, which would disqualify him from being eligible to serve as President of the United States.
Professor Emeritus of Harvard University Laurence Tribe argued that the Constitution “could not be clearer” about why Donald Trump is “disqualified” from becoming president again.
The tribe says: Section 3 of the 14th Amendment, which states that a person is prohibited from holding office in the U.S. federal government if he or she “has engaged in insurrection or rebellion against it, or given aid or comfort to its enemies” . (Huffington Pist, August 26, 2023).
Renowned conservative and constitutionalist Justice Michael Luttig’s reaction to the fact that the Colorado judge found Trump guilty of insurrection and yet deemed him qualified to be on the ballot for president is “simply wrong.” Lutting agrees with Professor Tribe’s assertion that Section 3 of the 14th Amendment disqualifies Trump from the presidency because it says it disqualifies anyone who engages in “insurrection or rebellion against the Constitution the United States. The judge says Trump incited the attack on the Capitol in an effort to stop the peaceful transfer of power. (MSNBC, Dateline, November 2, 2023).
HOW TRUMP VIOLATED THE CONSTITUTION:
- Violated the separation of powers when in February 2019 he reused funds from the military budget to build his border wall without congressional approval.
- Circumventing Congress and taking possession of a replacement stockpile is a crime, even though Congress has never passed a law criminalizing these devices.
- Trump did not inform Congress of his order to bomb Syria, let alone request permission which violates the separation of powers enshrined in the Constitution.
- The U.S. Court of Appeals for the Second Circuit ruled that Trump’s blocking of hostile Twitter followers constituted viewpoint discrimination, in violation of the first amendment
- He ordered his allies to ignore congressional subpoenas from the January 1 Special Committee.
- Military participation ordered in Lafayette Square against peaceful Black Lives Matter protesters.
- Used his position for personal financial gain, which violates the Emoluments Clause of the Constitution.
- He incited an insurrection to prevent the peaceful transfer of power.
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