Harvard constitutional law professor Laurence Tribe unequivocally stated that Donald Trump is “disqualified” from running for president again, citing Section Three of the 14th Amendment. According to Tribe, this section of the Constitution prohibits individuals who have engaged in acts of insurrection or rebellion against the federal government from holding office. He emphasized that this disqualification is equivalent to other restrictions such as term limits and age requirements for the presidency. Conservative law professors and former Arkansas Gov. Asa Hutchinson have also referred to this section when discussing Trump’s eligibility for the Oval Office.
Tribe went on to suggest that secretaries of state may need to develop a method for determining if Trump provided “aid or comfort” to the enemies of the Constitution, highlighting the former president’s consideration of pardons for January 6 defendants who breached the Capitol.
CNN’s Wolf Blitzer asked Tribe if the decision to disqualify Trump is subjective, and Tribe responded by explaining that the framers of the 14th Amendment included a safeguard. If the disqualification is abused, it can be removed through a two-thirds majority vote in each house of Congress.
These statements on Trump’s ineligibility have generated significant discussion, with Tribe recently co-writing an op-ed in The Atlantic on the topic. While there are concerns about potential abuse of this provision in the future, the existence of the safeguard demonstrates the framers’ foresight in addressing such concerns.
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