A weeklong hearing on one lawsuit to bar Trump from the ballot in Colorado begins Monday, while on Thursday oral arguments are scheduled before the Minnesota Supreme Court on an effort to kick the Republican former president off the ballot in that state.
Whether the judges keep Trump on the ballot or boot him, their rulings are likely to be swiftly appealed, eventually to the U.S. Supreme Court. The nation’s highest court has never ruled on the Civil War-era provision in the 14th Amendment that prohibits those who swore an oath to uphold the constitution and then “engaged in insurrection” against it from holding higher office.
It doesn’t explicitly require one, but that’s what the Supreme Court could argue to strike it down. While you and I can say it’s obvious based on what happened, I’d rather have a conviction to take someone off the ballot, otherwise it would be exploitable.
There is precedent. Many Confederates were excluded from holding office, even removed from office, based on 14AS3, without convictions of any kind.
Didn’t know! Interesting many “were understood to be” disqualified. Most without trial, but they also didn’t attempt to run under that understanding.
https://www.citizensforethics.org/reports-investigations/crew-reports/past-14th-amendment-disqualifications/
It is only a relevant precedent if it was challenged and brought to the Supreme Court. Otherwise, it is merely untested.