With all of these court cases appearing in front of judges in several states regarding Donald Trump and whether he should be allowed to run for President in 2024, I thought it was the perfect time for a brief explanation of this particular part of our Constitution. Most of the news on this topic has been discussing the 4-3 ruling in Colorado that took him off the ballot. What’s not being discussed is how all 7 justices were in agreement that Trump had, in fact, engaged in insurrection or rebellion against the government of the United States.
Section 3 of the 14th Amendment to the United States Constitution addresses the consequences of engaging in rebellion or insurrection against the government. Ratified in 1868, this section was a response to the Civil War and aimed to address the status of individuals who had supported the Confederacy. It states that no person shall hold public office if they have previously taken an oath to support the Constitution as a federal or state officer and then engaged in rebellion or aided enemies of the United States.
The key language of Section 3 reads: “No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
This provision reflects the post-Civil War era’s efforts to prevent those who had actively worked against the Union from holding public office. However, it also grants Congress the power to remove these disabilities through a two-thirds vote.
Over time, Section 3 has not been frequently invoked, but it remains a part of constitutional law and has been cited in discussions about political disqualifications. Understanding its historical context is crucial to appreciating its purpose and relevance in shaping the aftermath of a critical period in American history.
Regardless of how little it has been used in the past, (There wasn’t an insurrection against our government like the one on January 6, 2021!), it’s currently at the forefront of American politics ahead of the 2024 Presidential election. It’s difficult to predict the outcome knowing that Trump’s legal team will definitely file appeals all the way to the Supreme Court. With a Conservative majority who has already overturned Roe V. Wade, it’s no telling what they’ll do for the former President that got them their majority in the first place.
What do you think? Let me know in the comments below!
