According to Rep. Jamie Raskin (D-Md.), former President Donald Trump is ineligible for future office under the 14th Amendment.
This argument has gained momentum as Trump’s legal troubles intensify and the 2024 presidential race gains momentum.
“Section 3 of the 14th Amendment clearly states that anyone who has taken an oath of office can never serve again if they engage in insurrection or rebellion against the Constitution, regardless of whether they held the position of president or a federal office,” Raskin told CNN’s Dana Bash on a recent episode of “State of the Union.”
The amendment prohibits elected officials from holding office if they “engage in insurrection or rebellion or provide assistance to their enemies.”
However, Congress can vote to lift this limitation for the individual in question.
Raskin argues that this constitutional principle was added after the Civil War and must be respected. He pointed out that Trump was impeached by the House of Representatives for inciting an insurrection and that 57 out of 100 senators found him guilty.
Raskin’s argument has gained traction, with two members of the conservative Federalist Society publishing an article on the topic in the Pennsylvania Law Review, and another pair of scholars making a similar argument in The Atlantic.
Furthermore, Arkansas Gov. Asa Hutchinson raised the disqualification argument during the recent GOP presidential debate, stating, “I’m not going to support somebody who’s been convicted of a serious felony or who is disqualified under our Constitution.”
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