Could a constitutional amendment originally intended to keep former Confederates out of elected federal offices be employed to keep Donald Trump off the ballot in 2024? Court cases in a few states are already underway, attempting to do just that using Section 3 of Amendment 14 of the US Constitution.
With the next Presidential election one year away, court proceedings are moving quickly. Cases are being heard in Colorado and Minnesota, and filings in Michigan are forthcoming.
The expeditious nature of these cases will likely press the United States Supreme Court into action within the coming weeks, as a Trump loss in any state would trigger an appeal to the highest level.
The judicial branch of the government was originally intended to be impartial, but with the US Senate nominating and approving new Supreme Court Justices when seats become available, the SCOTUS is an entirely political institution.
Three of the nine justices currently serving in the US Supreme Court, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, were nominated by Donald Trump during his four years in office.
John Roberts, Clarence Thomas, and Samuel Alito were also appointed by Republican Presidents, granting the GOP and six to three edge on the bench.
Free Speech for the People is a group involved with the effort to remove Trump from ballots across the country. If Trump is found guilty of any charges related to the January 6th, Georgia election tampering, or classified documents hearings, they could have a decent shot of arguing the Section 3 Amendment 14 point.
“We the people have an obligation, the secretaries of state have an obligation, the courts have an obligation to enforce and give meaning to Section 3 of the 14th Amendment. Even if it might be politically hard…”
Ben Clements, Chairman and Senior Legal Advisor of Free Speech for People
The specific language in Amendment 14 that is being focused on is the parts involving an elected official engaging in insurrection or rebellion or giving aid or comfort to the enemies.
“Section 3 – No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
Online political sportsbooks still feature election odds where Donald Trump is favored to become the next President in 2024. He currently holds a slim edge over President Joe Biden in the overall White House odds.
US Presidential Election 2024 Winner
- Donald Trump Sr. +155
- Joe Biden +180
Neither candidate is featured in the negative or with an overwhelming lead. These odds merely represent where the bets are being placed right now, and it seems that the action is coming in heavier for Trump at the moment.
There are also political prop bets posted online that seem to spell doom for Donald Trump’s chances in court. He is favored to receive at least one guilty verdict in all four of his pending cases, but there’s always the opportunity to appeal to the United States Supreme Court.
While these cases are poised to become intertwined and even more complicated, the importance of the matter should inspire expediency because the country needs a final answer before November 5, 2024.