The #Constitution Prohibits #Trump From Ever Being President Again

The only question is whether #American #citizens today can uphold that commitment.

By J. Michael Luttig & Laurence H. Tribe

#UnitedStatesConstitution #ConstitutionalLaw #FourteenthAmendment #treason
https://www.theatlantic.com/ideas/archive/2023/08/donald-trump-constitutionally-prohibited-presidency/675048/

Trump Is Constitutionally Prohibited From the Presidency

The only question is whether American citizens today can uphold that commitment.

The Atlantic

As students of the #UnitedStatesConstitution for many decades—one of us as a U.S. Court of Appeals judge, the other as a professor of #ConstitutionalLaw, & both as constitutional advocates, scholars, & practitioners—we long ago came to the conclusion that the #FourteenthAmendment, the amendment ratified in 1868 that represents our nation’s second founding & a new birth of freedom, contains within it a protection against the dissolution of the republic by a #treasonous president.

#Trump

This protection, embodied in the #FourteenthAmendment’s often-overlooked Section 3, automatically excludes from future #office & position of #power in the #UnitedStates government—& also from any equivalent office & position of power in the sovereign states & their subdivisions—any person who has taken an oath to support & defend our #Constitution & thereafter rebels against that sacred charter, either through overt #insurrection or by giving aid or comfort to the Constitution’s enemies.

The Sweep & Force of Section Three

by William Baude & Michael Stokes Paulsen

#SectionThree of the #FourteenthAmendment forbids holding office by fmr office holders who then participate in #insurrection or #rebellion. Because of a range of misperceptions & mistaken assumptions, § Three’s full #legal consequences have not been appreciated or #enforced. This article corrects those mistakes by setting forth the full sweep & force of § 3.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4532751