Politics - News Analysis

Bill to Ban Trump From Becoming President via 14th Amendment Under Consideration

One prominent congressional Democrat is researching legislation that could prevent former President Donald Trump from serving in office under the 14th Amendment “for leading an insurrection against the United States,” according to a report from The Hill.

Rep. David Cicilline (D-R.I.), who served as the impeachment manager during Trump’s first impeachment, wrote a letter to his Democratic colleagues to give them a chance to preview a bill that would prevent Trump from being able to hold office. Cicilline is seeking co-sponsors for the measure.

For the time being it isn’t clear when Cicilline intends to introduce the bill.

The Democrat from Rhode Island circulated the letter on the same night that Trump announced his intentions to run for president again in 2024.

“Given the proof — demonstrated through the January 6th Committee Hearings, the 2021 impeachment trial, and other reporting — that Donald Trump engaged in insurrection on January 6th with the intention of overturning the lawful 2020 election results, I have drafted legislation that would prevent Donald Trump from holding public office again under the 14th Amendment,” Cicilline wrote.

Unless you live under a rock, you already know Trump was impeached for the second time in January 2021 on the charge of “incitement of insurrection,” in the aftermath of the Capitol riot, but the Senate acquitted him. His first impeachment, by the House, happened in December 2019, and he was charged with “abuse of power” and “obstruction of Congress” after his dealings with Ukraine came to light. But he was acquitted by the Senate on these charges as well.

Cicilline now argues that Trump should be barred from holding office under Section 3 of the 14th Amendment. This clause is known as the “Disqualification Clause.” It states that individuals who have “engaged in insurrection rebellion against the same, or given aid or comfort to the enemies thereof” should not be allowed “to hold any office.”

He also said his bill “details testimony and evidence demonstrating how Donald Trump engaged in insurrection against the United States,” and referred to findings from the January 6 select committee hearings.

“It specifically details how Donald Trump engaged in insurrection when he helped to plan and encouraged the insurgence on January 6th despite knowing that the election results were lawful; attempted to intimidate state and federal officials when they did not support his false claims and unlawful plans; tried to manipulate Mike Pence into unlawfully refusing to certify the election results, despite Mr. Pence’s and legal advisors’ assertion that he held no such authority; and supported the violent insurrection at the Capitol on January 6th, refusing for hours to denounce or act against the mob and putting thousands of lives in danger,” Cicilline’s letter reads.

Should the congressman introduce the bill, he’ll have to lay out the necessary steps to show how the measure would use section 3 of the 14th Amendment. The Congressional Research Service (CRS) reports that the text is vague.

“It is unclear whether Section 3 is self-executing, which, if it is not, would leave federal and state courts or election authorities without power to determine the eligibility of candidates unless Congress enacts legislation to permit it. Courts have produced mixed results on this question,” per the CRS report. 

Further, the report states:

“Section 3 does not expressly provide a procedure for its implementation other than Section 5’s general authority of Congress ‘to enforce the 14th expressly provide a procedure for its implementation other than Section 5’s general authority of Congress ‘to enfore [the Fourteenth Amendment]’ by appropriate legislation,” the CRS added.

So let’s hope Cicilline and his fellow Democrats are successful. Trump very obviously incited a dangerous insurrection and clearly obstructed Congress in his dealings with Ukraine. He’s a dangerous man who should not be allowed a second term to the highest office in the land.

meet the author

Nicole Hickman James is a lifelong Democrat and political activist who first cut her teeth as a teenager volunteering for Mike Dukakis’ presidential campaign. She has worked and volunteered for John Kerry, Hillary Clinton, HFA (Hillary For America), and Organizing For Action. She’s passionate about liberal and progressive causes and considers President Obama her favorite president ever. She holds her Bachelor’s from Boston College in Economics and her Master's from Columbia, also in Economics. When not working as a writer, she enjoys traveling and spending time with her three college-aged children.

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