Section 3 of the 14th amendment

Conservative lawyer says why Trump is disqualified.

[Michael] Luttig, however, has a plan to stop him. In August he joined with the liberal constitutional scholar Laurence Tribe to publish an article in the Atlantic magazine under the headline “The Constitution Prohibits Trump From Ever Being President Again”.

The pair argued that section 3 of the 14th amendment automatically excludes from future office anyone who swears an oath to uphold the constitution and then rebels against it. Irrespective of criminal proceedings or congressional sanctions, they contended, Trump’s efforts to overturn the election are sufficient to bar him for life.

It makes sense. If you, as president, swear an oath to uphold the constitution, and then rebel against it, you’ve pretty much shredded your own allegiance to the very thing you want to be the boss of. You’ve also demonstrated that you’re an oath-breaker. If he did get elected he would have to swear the same oath again, and this time no one would believe him, so where does that leave us?

Luttig elaborates by phone: “The former president is disqualified from holding the presidency again because he engaged in an insurrection or rebellion against the constitution of the United States when he attempted to remain in power, notwithstanding that the American people had voted to confer the power of the presidency upon Joe Biden.

“That constituted a rebellion against the executive vesting clause of the constitution, which limits the term of the president to four years unless he is re-elected by the American people. I cannot even begin to tell you how that is literally the most important two sentences in America today.”

He tried to steal it, using force and violence, and now he wants to try to get it by legit means.

Luttig this week helped form a new conservative legal movement, relaunching an organisation formerly known as Checks & Balances as the Society for the Rule of Law. The move was billed as a nationwide expansion aimed at protecting the constitution and defending the rule of law from Trump’s “Make America great again” movement. Its leadership includes Luttig, the lawyer George Conway and former Republican congresswoman Barbara Comstock.

“We believe that the time has come for a new conservative legal movement that still holds the same allegiances to the constitution and the rule of law that the original conservative legal movement held but has abandoned,” Luttig explains. “There’s a split in the conservative legal movement that mirrors the split in the Republican party about Donald Trump.”

On other side of that split is the Federalist Society, a group that for decades has played a crucial role in grooming conservative judges – its prominent figures have included Leonard Leo, who advised Trump on his supreme court picks – but has said little about the threat posed by the former president to the constitutional order.

Luttig, who, unlike Conway, has never been a member of the Federalist Society, said: “We believe that the Federalist Society has failed to speak out in defence of the constitution and the rule of law and repudiate the constitutional and legal excesses of the former president and his administration and, most notably, failed to repudiate the former president’s efforts to overturn the 2020 election.”

What ever happened to law and order?

9 Responses to “Section 3 of the 14th amendment”