C_Clayton_Jones
Diamond Member
It’s a settled, accepted fact that Trump engaged in treasonous insurrection, and two states have acted accordingly.Will you allow that it is opinion that he engaged in treasonous insurrection as opposed to the fact of someone's age or birth place?
Indeed, others have been disqualified for similar acts of treason.
What’s opinion is whether Section 3 applies to those seeking the presidency:
‘According to the text of Section 3, the bar against office-holding applies to Members of Congress, officers of the United States, members of state legislatures, and state executive or judicial officers, who previously swore an oath to support the Constitution of the United States and later break that oath by committing the acts mentioned. The offices to which such persons are then barred include seats in Congress, membership in the Electoral College, and any civil or military office under the United States or any state. Although not expressly referenced, the bar appears historically to have applied to judgeships. There is an argument that because the President is not covered explicitly by the provision, the presidency itself is exempt from the disqualification. In contrast, the Impeachment Clause of the Constitution explicitly applies to the “President, Vice President and all civil Officers of the United States,” which suggests that the President might not be a “civil Officer of the United States” whose oath of office would subject him to possible disqualification. However, it may be more likely that the office of the President is included as an office under the United States (unlike Members of Congress and electors, which may be why they are expressly included), so that any person subject to the disqualification is ineligible to serve as President. One scholar notes that the drafting history of Section 3 of the Fourteenth Amendment suggests that the office of the President is covered:
During the debate on Section Three, one Senator asked why ex-Confederates “may be elected President or Vice President of the United States, and why did you all omit to exclude them? I do not understand them to be excluded from the privilege of holding the two highest offices in the gift of the nation.” Another Senator replied that the lack of specific language on the Presidency and VicePresidency was irrelevant: “Let me call the Senator’s attention to the words ‘or hold any office, civil or military, under the United States.’”
In the January 2021 article of impeachment against President Donald Trump, the House of Representatives, citing Section 3 of the Fourteenth Amendment, appears to have presumed that the Disqualification Clause would operate as a bar against President Trump continuing to serve as President, presumably due to his previous oath of office and his alleged “incite[ment of] violence against the Government of the United States.”’ ibid
That will likely be the question the Supreme Court addresses, whether or not the office of president is a “civil Office of the United States” and subject to Section 3.