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Little Known Constitutional Provision Could Potentially Be Used to Bar Trump From Future Office

Even though Senate Republicans wimped out (as expected) and acquitted former President Donald Trump of inciting the Jan. 6 insurrection at the Capitol building, Democrats still hold one very important card that could still prevent him from ever holding office again: section 3 of the 14th Amendment.

And the Democrats are already at work, preparing to do this, Meaww [1] reports.

Here’s how that could work:

Congress can declare the angry mob that attempted the coup “insurrectionists” and then move to disqualify Trump from holding office under Section 3 of this all-important amendment, which gives Congress “the authority to bar public officials, who took an oath of allegiance to the U.S. Constitution, from holding office if they “engaged in insurrection or rebellion” against the Constitution, History [2] notes.

Trump, charged with “inciting” violence, declared victory when he was acquitted on Feb. 13 and immediately began saying his political movement “has only just begun,” and that he would share more in the near future. Then he thanked his legal team for “upholding justice and defending truth.”

In its entirety, the 14th Amendment is mostly known for conferring citizenship and equal protection under the law for all citizens. But Section 3 provides an additional that the House can potentially wield to hold Trump accountable and prevent him from holding office ever again.

Cornell Law School [3] notes Section 3 specifically states:

“No person shall be a Senator or a Representative in Congress, or an Elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

If Congress decides to take action, it won’t be the first time this has been done.

“In 1919, Congress utilized this constitutional provision to bar Victor L. Berger, a socialist from Wisconsin, who had taken the oath as a prior member of Congress, from taking office in the House of Representatives following his speeches in opposition to the nation’s entry into World War I,” Just Security [4] reports.

Twitter users were furious that Trump was acquitted for a second time, and understandably so. Now they are calling on the Democrats to get cracking.