Anderson Analyzes Possible Implications of 14th Amendment for Trump Candidacy

Dr. Carol Anderson recently co-authored an opinion article for ‘The Grio’ about the push to disqualify former president Donald Trump from holding elected office under the 14th amendment to the constitution. Known as the disqualification clause, section 3 of that amendment prohibits “any government officer who takes an oath to defend the Constitution and who then engages in an insurrection or aids one against the United States, from ever holding office again.” Drawing on parallel cases from the distant and recent past, Anderson and co-author Donald K. Sherman argue that this clause should apply to Trump in light of his attempts to overturn the results of the 2020 election. Read an excerpt of the piece below along with the full article here: “A conviction won’t stop Trump from holding office. The 14th Amendment’s disqualification clause could.” Dr. Anderson is Charles Howard Candler Professor of African American Studies and Associated Faculty in the History Department.

The Reconstruction era includes numerous examples of the disqualification clause’s application. More recently, last year, three New Mexico residents, represented by Citizens for Responsibility and Ethics in Washington, won the first case in more than 150 years that removed an elected official from office for participating in an insurrection. That court ruled that New Mexico County Commissioner Couy Griffin violated section 3 of the 14th Amendment by recruiting rioters to attend Trump’s “wild” effort to overturn the election, normalizing violence and breaching police barriers as part of a weaponized mob that allowed other insurrectionists to overwhelm law enforcement and storm the Capitol. Trump’s role in the Jan. 6 insurrection was even more significant and well-documented than Griffin’s, and CREW has announced plans to pursue his disqualification in court.

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