A handful of congressional Democrats are investigating whether former President Donald Trump can be prevented from holding elected office again through the application of an obscure portion of the 14th Amendment.
Section 3 of the amendment, enacted in 1868 and best known for enshrining the Equal Protection Clause, prevents any government official who “engaged in insurrection or rebellion” against the US from holding office again.
According to The Hill, approximately a dozen Democratic lawmakers have publicly or privately spoken about applying Section 3 of the 14th Amendment to Trump, whom they accuse of inciting the Jan. 6 riot that disrupted the congressional certification of the 2020 election results.
“If anything the idea has waxed and waned,” liberal Harvard Law School professor emeritus Laurence Tribe told the outlet.
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