![]() In its complaint, CREW asked the court to expedite the matter so it can be resolved before the state's primary ballot is set on Jan. There is a debate among some experts about whether Trump's acts constitute an "insurrection" under the language of the amendment. The clause cites a wide range of offices "under the United States" and states that the provision applies to, including "presidential electors" - but not the presidency itself. The provision was almost never used after that.ĬREW and law professors of both parties contend the amendment is clear and is a qualification for president, just as the Constitution's mandate that a candidate for the White House must be at least 35 years old and a natural born citizen.īut others note there is much unsettled about the provision and that a case involving this issue has not reached the justices in Washington. The clause cited in the lawsuit allows Congress to lift the ban, which it did in 1872 as the political will to continue to bar former Confederates dwindled. ![]() But it also was used to prevent former Confederate officials from becoming members of Congress after the Civil War and taking over the government against which they had just rebelled. The 14th Amendment, ratified in 1868, helped ensure civil rights for freed slaves - and eventually for all people in the United States. The Republican has said he did nothing wrong in his actions. The lawsuit contends the case is clear, given the attempt by then-President Trump to overturn his 2020 election loss to Democrat Joe Biden and his support for the assault of the U.S. It may lead to similar challenges in other states, holding out the potential for conflicting rulings that would require the Supreme Court to settle.Ĭolorado's secretary of state, Democrat Jena Griswold, said in a statement that she hoped "this case will provide guidance to election officials on Trump's eligibility as a candidate for office." While a few fringe figures have filed thinly written lawsuits in a few states citing the clause, the litigation Wednesday was the first by an organization with significant legal resources. None has taken that step, looking for guidance from the courts on how to interpret a clause that has only been used a handful of times since the 1860s. Liberal groups have demanded that states' top election officials bar Trump under the clause that prohibits those who "engaged in an insurrection or rebellion" against the Constitution from holding higher office.
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