The Ultimate Revenge for the Left: Bar Donald Trump From Running for Re-election – Democrats would love nothing more than to ban former President Donald Trump from holding office again.
That’s a tall legal order, and it would hinge on whether Donald Trump is indicted and convicted for inciting the January 6 insurrection on Capitol Hill.
There is a provision in the Constitution that could be used to ban Donald Trump from the Oval Office. Still, it would require many legal and legislative dominoes to fall before it could be invoked successfully.
Could it actually happen?
Use the Constitution to Get Even With Donald Trump
The 14th Amendment to the Constitution is often cited by the left as a way to finally “get” Trump for good.
Banning him from re-taking the White House is a progressive dream.
However, the 14th Amendment is not crystal clear when it comes to prohibiting electoral efforts by a president.
What Is the 14th Amendment?
The 14th Amendment was drawn up after the Civil War in 1868 to guarantee African-Americans rightful citizenship and equal protection under the law after slavery ended. The 14th Amendment struck down the 1857 Dred Scott decision, which had been used to keep African-Americans from becoming U.S. citizens.
Section Three Discusses Insurrection
So far, so good. The 14th Amendment is historic in its importance for racial equality in America, but there’s more.
There is a stipulation in Section Three of the amendment that could haunt Trump. If one takes an oath to serve the Constitution, this person can be banned from office if he or she “engaged in insurrection or rebellion against the United States.”
This Is More for an Armed Civil War
Some people believe that is exactly what Donald Trump did. However, what I refer to as the “insurrection clause” was written because of the Civil War and for the people who lived in states that seceded from the union. This was mainly aimed at government officeholders and military officers who had previously served the United States. They swore an oath to the Constitution and then broke their oath by fighting for and leading the Confederacy.
It Probably Doesn’t Apply to Donald Trump
Trump, of course, did not join an army or fight a military campaign against the U.S. government. One can argue he may have aided and abetted a mob on January 6, but it is not clear if Section Three would apply to him.
Presidents Are Not Specifically Mentioned
The 14th Amendment specifically states that it applies to representatives and senators who have participated in an insurrection. However, it does not cite presidents. This would give Trump some wiggle room when it comes to interpreting the amendment’s insurrection clause.
Try the Ban with Legislation
Since Congress cannot serve as a court of law, there would need to be a law passed that would ban Trump from running again under the 14th Amendment.
Trump would need to be indicted and convicted for his alleged actions on January 6, then it would need a majority in the House of Representatives and the Senate to pass the measure.
This is likely not possible since the Republicans control the House. A bill invoking the Section Three insurrection clause would need to pass the Judiciary Committee, then the Rules Committee, and finally be blessed by the Speaker of the House to make it to a floor vote. This is an extremely difficult, if not impossible, path.
So, banning Donald Trump from office is likely a bridge too far for the Democrats. It sounds good in theory, but in reality, has too many roadblocks ahead of it. Trump is running for sure, and the best way for Democrats to deny him office is to vote for President Joe Biden and deal Trump another defeat.
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Author Expertise and Experience: Serving as 19FortyFive’s Defense and National Security Editor, Dr. Brent M. Eastwood is the author of Humans, Machines, and Data: Future Trends in Warfare. He is an Emerging Threats expert and former U.S. Army Infantry officer. You can follow him on Twitter @BMEastwood. He holds a Ph.D. in Political Science and Foreign Policy/ International Relations.
