Home / news / A way to prevent Trump from returning … What is the 14th amendment to the American constitution?

A way to prevent Trump from returning … What is the 14th amendment to the American constitution?

The 14th amendment to the US Constitution appeared as a possible way to prevent former President Donald Trump from returning to the presidency in any upcoming elections, according to press reports, according to press reports that Democrats are considering invoking this text to punish Trump after his supporters stormed Congress on January 6.

The site “The Hill”, on Friday, said that Democrats in Congress are looking to see if they can use this amendment, but the report indicated that the discussions are still in the early stages.

Legislators dusted the old text as they push for Trump to be tried in the Senate, which has faced blocking attempts by Republicans.

This amendment was approved in 1868 after the American Civil War, and it states in its third section that “no person may be a senator or a representative in Congress” or “assume a governmental office, be it civil or military,” if after taking the oath to support the Constitution with participation “In rebellion or disobedience” against the constitution, or “he provided aid or support to his enemies.”

The text allows Congress to disqualify the person concerned, with a two-thirds majority of votes cast by the House and Senate.

Text history

According to a report on CBS News, this text was originally intended to prevent former officers and officials in the ranks of the Confederacy (southern states that split during the civil war) from assuming public office again unless they take special permission from Congress.

This text was rarely applied during the past 150 years, and it was never used against any president.

The Fourteenth Amendment, in its entirety, was originally enacted to grant equal citizenship and civil and legal rights to African Americans and slaves freed after the Civil War.

Application opportunities

Regarding the chances of implementing the “exclusion” text within that amendment, CBS News quoted Daniel Himmel, professor of law at the University of Chicago, as saying that “litigation will be in accordance with Section 3 (of the amendment), whether or not members of Congress initiate it .. No I see a way to avoid that. “

As for “The Hill,” it quoted Democratic Senator Tim Keane as saying that he is fully confident that Congress can use this constitutional amendment.

“I just want to use a path that maximizes focus on the Biden and Harris agenda,” he added, referring to the legislative plans of President Joe Biden and Vice President Kamala Harris.

For his part, Democratic Senator Richard Blumenthal said that talk about using this amendment is still hypothetical, but he stressed that it could be applied to Trump through a congressional resolution.

Al-Jazeera correspondent in Washington, Murad Hashem, explained that this could happen if the senators voted in favor of this measure by 60 votes out of 100.

He added that this means that the Democrats who have 50 seats in the House need the support of 10 Republicans, which is less than the 17 Republican votes that Democrats need to convict Trump when he is tried in the House on charges of “incitement to revolt,” which will prevent him from taking office Any federal position, including the presidency.

Source link

Leave a Reply