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What is Section 3 of 14th Amendment? Trump could still be banned from ever returning to office, here's how

'In 1919, Congress utilized this provision to bar Victor L. Berger, a socialist from Wisconsin who had taken the oath as a prior member of Congress, from taking office in the House of Representatives'
PUBLISHED FEB 14, 2021
Donald Trump can still face further obstacles if he wants to run for the White House (Getty Images)
Donald Trump can still face further obstacles if he wants to run for the White House (Getty Images)

With the impeachment trial moving to an acquittal, Democrats may have a Plan B to keep former President Donald Trump from running for White House again. The Dems are now planning to disqualify Trump from holding office under the 14th Amendment. Congress can declare those who attempted the coup d’état “insurrectionists.” Congress can then move to disqualify Trump from holding office under Section 3 of the 14th Amendment. Trump was charged at for 'inciting' violence on January 6, 2021, at the US Capitol, where 5 people lost their lives.

Considerations to pass the resolution invoking Section 3 of the 14th Amendment started after Trump declared victory on Saturday, February 13 after Senate Republicans voted to acquit him for a second time, saying that his political movement “has only just begun” and that he would have more to share in the near future. Trump thanked his legal team for “upholding justice and defending truth.”

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As soon as the Internet got a hold of the latest news, they started talking about Section 3 of the 14th Amendment which could possibly ban Trump from ever returning to the office. One Internet user said: "America's political systems has failed today, but the fight continues. There are other people probing Trump's actions as President and there are various state related crimes he's on the books to face charges for. He'll have less sycophants willing to protect him this time," and "But if the senate wants to actually push forward and fix this, they do have the 14th Amendment which they don't need impeachment for. They can just vote on it and they have the votes to do it. They can bar him. The question is if the Dems are brave enough to do it."



 



 

Another user said: "51 votes and the 14th amendment and he can never run again." Another one suggested, "Understand the frustration This was political and we knew this was going to happen. It is justice time now. 14th amendment and criminal proceedings in NY and GA are going to shut the lid on him."



 



 

One angry Internet user said, "Fuck, and I can't emphasize this enough, y'all. Seriously, y'all acquited Donald Trump? Y'all confederates/insurrectionists are utter trash individuals... The 14th Amendment better be followed here. This is so embarrassing." While another one said, "Nah. The 14th amendment is being used and all you need is 52 votes. Which they have so trump is going to be banned from running ever again."



 



 

What is Section 3 of the 14th Amendment? 

The entire 14th Amendment is generally known for conferring citizenship and equal protection under the law for all citizens. However, Section 3 provides a lesser-known tool for the House, which could accomplish the dual purpose of holding Trump accountable and stopping him from ever holding office again.

According to Cornell Law School, Section 3 states that "No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability."

Just Security states that "In 1919, Congress utilized this constitutional provision to bar Victor L. Berger, a socialist from Wisconsin who had taken the oath as a prior member of Congress, from taking office in the House of Representatives following his speeches in opposition to the nation’s entry into World War I."

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