An intriguing legal analysis has emerged, raising significant questions about former President Donald Trump’s eligibility to run for the presidency in the 2024 election.
As per a report in the Independent on Thursday, August 10, 2023, the argument, presented in a paper authored by two conservative law professors, William Baude and Michael Stokes Paulsen, revolves around the application of Section Three of the 14th Amendment to the US Constitution.
This newly proposed interpretation asserts that the 14th Amendment contains a crucial clause, which prohibits any former elected official who has engaged in insurrection or rebellion from holding future office.
The paper aligns with the allegations against Mr. Trump for his involvement in the events of January 6, 2021, when a group of his supporters stormed the US Capitol in a bid to overturn the 2020 presidential election results.
The 14th Amendment, enacted in 1868, holds historical significance as it granted citizenship to individuals born in the United States. Section Three was a direct response to the secession of Confederate states during the aftermath of the US Civil War. However, its enforcement has been rare, partially due to an 1872 amnesty act that pardoned many former Confederates.
Baude and Paulsen’s assertion that Section Three is “self-executing” and can be enforced by any official, state or federal, who judges qualifications, introduces an intriguing perspective.
The question of how exactly this section can be enforced is open to debate. Whether Congress would need to act or if a citizen or organization could sue to remove Mr. Trump from the presidential ballots and bring the issue before a court remains unclear.
An interesting precedent emerges from the recent case of Couy Griffin, a former Otero County, New Mexico Commissioner, who was banned for life from public office for his involvement in the Capitol riot.
This event underscores the possibility of a judge taking action to bar individuals associated with insurrection attempts from holding office.
While the Supreme Court has not yet weighed in on the enforcement of Section Three, the potential implications for Mr. Trump’s political future are significant. Despite facing charges in multiple criminal cases, and his alleged assault on American democracy, Mr. Trump’s renewed presidential aspirations have gained momentum.
If the argument put forth by Baude and Paulsen gains traction, it could alter the course of the 2024 election and redefine the boundaries of post-presidential conduct as it pertains to the highest office in the land.
