Amidst mounting discussions about the future of the political landscape, recent revelations shed light on a potential scenario where Donald Trump, if re-elected in 2024, might face removal from the White House for the second time, independent of the election outcome.
Insights from legal experts, as conveyed by Newsweek on Thursday, January 4, delve into Section 3 of the 14th Amendment to the US Constitution, which bars individuals engaged in acts of “insurrection or rebellion” against the United States from holding future office.
Critics contend that Trump’s actions surrounding the January 6, 2021, Capitol riots could align with this prohibition.
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While Trump retains his constitutional eligibility for the 2024 elections, several states have taken steps to prevent his appearance on their primary ballots, citing the 14th Amendment.
In response, Trump has sought recourse through the Supreme Court. However, legal analysts suggest that a favorable ruling might not secure his position.
Constitutional law scholar Harry Litman indicates that while the Supreme Court could interpret the presidency not as an “office” under Section 3, allowing Trump’s ballot inclusion could defer the underlying issue.
In the event of Trump’s victory in 2024, a scenario arises where a Democratic-controlled House and Senate could potentially utilize Section 3 to remove him from the presidency.
Section 5 grants Congress the power to enforce Section 3 through “appropriate legislation.” Notably, House Democrats had previously cited Trump’s conduct concerning January 6 as grounds for impeachment in 2021.
The possibility of invoking Section 3 hinges on the outcome of the 2024 Congressional composition. If Democrats secure control or strengthen their majorities, it may embolden them to invoke this section and pass legislation for Trump’s removal.
The applicability of Section 3 remains a subject of intense debate among scholars. Trump’s allies, such as Jeffrey Clark, argue that only a criminal conviction for insurrection could trigger Section 3, highlighting that Trump faces no such charges for January 6.
Ultimately, the resolution of this issue could heavily rely on the makeup of Congress in 2024. A Republican-controlled House might refrain from pursuing action against Trump under Section 3.
Conversely, if Democrats maintain or expand their majorities, Trump’s impeachment and rapid removal upon assuming office in 2025 might become conceivable.
While these discussions swirl, the enforceability of Section 3 remains speculative. Trump’s immediate focus centers on securing the Republican nomination and triumphing over Biden in 2024.
Nonetheless, the inclusion of this relatively obscure Constitutional provision introduces a new layer of uncertainty surrounding Trump’s potential return to power.
Even if the Supreme Court confirms Trump’s eligibility, the tenure of his presidency could face significant brevity.
In the face of potential Congressional action, Trump would likely challenge any removal efforts through executive privilege claims and legal proceedings.
However, the ambiguous nature of Section 3 implies that a second term for Trump might confront rapid conclusion amid Constitutional ambiguities.
The pathway leading back to the White House appears open yet tenuous. Trump finds himself entangled once more in legal and Congressional battles that jeopardize his grasp on authority.
For Trump’s supporters, this development stirs concerns about the possibility of his completing a full term. Conversely, for his detractors, Section 3 presents a glimmer of hope for curbing the potential duration of Trump’s second stint in office.
