The Colorado Supreme Court made a groundbreaking decision on December 19, disqualifying former President Donald Trump from seeking the presidency under the Constitution’s insurrection clause. This ruling included a directive for the exclusion of Trump’s name from the state’s Republican presidential primary ballot.
Marking a historic first, this court ruling stands as the inaugural instance where a former president has been deemed ineligible for a return to the White House owing to their involvement in the Capitol attack of January 6, 2021. Additionally, it signifies the initial disqualification of a presidential candidate under Section 3 of the 14th Amendment.
What is Section 3 of the 14th Amendment?
Section 3 of the 14th Amendment, according to constitution.congress.gov, prohibits individuals who have previously sworn an oath to support the U.S. Constitution from holding certain offices if they have engaged in insurrection or rebellion against the nation or provided aid to its enemies. It grants Congress the authority, via a two-thirds vote in both the House and Senate, to lift such a disqualification.
The 14th Amendment was passed by Congress in 1866 and ratified by the states in 1868. Gerard Magliocca, a law professor at Indiana University specializing in this provision, remarked on the Trump case, noting its historical significance and the practical implications it presents for future discussions and decisions.