Trump’s supreme court case hinged on the 14th amendment – what it actually means

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The supreme court determined if section 3 of the 14th amendment – which bars insurrectionists from holding office – applied to Trump

A former US president could have been kicked off the ballot in his quest to return to the White House because of a rarely used provision in an amendment created in the aftermath of the civil war.in his re-election bid went before the US supreme court, which decided Trump could not be removed from seeking office there over the 14th amendment’s third clause.

Trump’s team argued, though, that this means he couldn’t hold office again, not that he can’t run for office again, so he can’t be disqualified from appearing on the ballot. The legal question would then be raised anew if he won and therefore “held office” again. The case is therefore premature, they said.

His attorneys argued that because the presidency isn’t explicitly listed in the clause, it wasn’t intended to include the presidency. They’ve also said that the presidency is not “under” the United States because itthe government, and because the president is an officer of the constitution, not of the United States.

In Colorado, the case went before a jury for a trial, with evidence submitted that backed up the claims both that the events of 6 January 2021 were an insurrection and that Trump engaged in it. Among the evidence were many months of claims made by Trump that the election was stolen and specific callouts to his supporters to protest the results.

“President Trump’s direct and express efforts, over several months, exhorting his supporters to march to the Capitol to prevent what he falsely characterized as an alleged fraud on the people of this country were indisputably overt and voluntary,” the ruling said.

 

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