As Democrats are seeing increasingly bad projections in the 2022 and 2024 races, a group of Dem lawmakers is reportedly planning to stop former President Donald Trump from ever having office again.
About one dozen Dem lawmakers were quietly talking about using a new constitutional mechanism to stop Donald Trump from ever being president again, as reported by The Hill.
Harvard professor Laurence Tribe, a liberal-leaning constitutional scholar, said that some congress-members and their staffs have quietly asked for his advice on how the Constitution might be used to stop Trump from holding office.
Some of these lawmakers include Democrat Congress-members Jerry Nadler (N.Y.), Debbie Wasserman Schultz (Fla.), and Jamie Raskin (Md.), the report said.
The effort is centered on using a measure in Section 3 within the 14th Amendment against Donald Trump and other people who they say participated in the January 6, 2021 events.
Dems first floated using the rule against Donald Trump last Jan. before his second impeachment.
Could it work?
The answer of if Dems could use the measure against Trump to stop him from ever having office again is a very complicated question which many scholars have disagreed with.
For example, some experts said the mechanism is not really “self-executing,” and so would need Congress to act. Tribe pushed Congress to create a neutral fact-finding body to decide whether Trump “was guilty of rebellion or insurrection” as the amendment says or assign a court to decide whether Trump has crossed that line.
The 14th Amendment is among the “Reconstruction Amendments” that were enacted in 1868 as the country tried to get unity after the Civil War. As reported by the Washington Post, the measure was created “to exclude former Confederates from having state and federal office.”
After Trump was acquitted during his second impeachment trial, Democrat Congressman Steve Cohen (Tenn.) put forward a new bill that would allow the United States attorney general to argue in front of a three-judge panel that an officeholder or a former officeholder “worked with a rebellion or insurrection” to therefore disqualify that person from ever holding public office again.
Cohen’s bill has yet to become law.