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A group of Democrats, constitutional scholars, and democracy advocates explore an initiative on how An amendment to the Constitution made after the Civil War could disqualify former President Donald Trump from returning to the White House.
Experts look for the possibility of apply Section 3 of Amendment 14, which specifies that officials who have participated in an insurrection against the government may not be re-elected to public office.
The Hill revealed that at least a dozen Democratic lawmakers have spoken publicly or privately in the past year about how that amendment might apply to those who participated in the invasion of the Capitol on January 6, 2021.
The portal specialized in politics quotes Laurence Tribe, a constitutional expert from Harvard Law School, who acknowledges that he has been consulted by several Democrats.
“Members of Congress and their staff, some of whom have sought my advice on how to implement Section 3,” he said.
Jerry Nadler (New York), chairman of the House Judiciary Committee, is among those who have asked.
Representative Jamie Raskin (Maryland) has also mentioned Section 3 and even commented on it in television interviews.
It should be remembered that Raskin was a professor of constitutional law and was part of the managers – a species of prosecutors – of the House during the second impeachment of Trump for his role in the January 6 attack.
“The point is that the constitutional purpose is clear, prevent people like Donald Trump and other traitors to the union from holding public office“He told ABC News on February 17th.
There is still no clarity on how you might apply that section, but The Hill cites experts who point out that Congress would need a simple majority to apply.
In the House there is a Select Committee that investigates the insurrection of January 6, which contemplates an evaluation of the way in which former President Trump intervened, for which the legislators will review files of the White House on the violent act and the elections of the 2020.