The 14th Amendment might be used by several legislators in the USA to prevent Donald Trump and several of his colleagues from ever running for President. This decision comes in the wake of the Capitol siege- where the former President was acquitted of all charges. Nonetheless, they wanted to be safer, rather than go through the entire debacle any time in the future. The Amendment was first adopted all the way back in 1868.
The 14th Amendment Could be Readily Used Against Trump, But Certain Parts Have To Be Ironed Out
The reason for the 14th Amendment to be in place? It allowed every single citizen born on American soil or naturalized in this country to be a lawful citizen of the country. This was used to do away with the Dred Scott v Sandford case of 1857, where the Supreme Court had judged that any human of African descent would not be allowed citizenship for the States.
But, the one part they are interested in is a tiny little snippet that states that anyone can be blocked from holding a seat in office who has been accused of inciting rebellion. This had a catch- they previously had to have taken an oath to the Constitution. Luckily for the US Legislators, the catch turned into a boon.
This portion was added to the 14th Amendment to prevent Confederates from coming to power in the wake of the Civil War. Dorn Kalir, a Law College Professor mentioned that this law was in place to prevent treacherous citizens from ever holding a seat in the government. Regardless, there have been different opinions thrown all around- if the 14th Amendment could actually be used against Trump.
One of the biggest uncertainties in the 14th Amendment- one that Trump’s lawyers will jump onto- is that there is no direct mention of the Presidency anywhere. Although the law prohibits senators, and electors from being a rioter, there has not been any implication that the Presidency would also come under fire.