The 14th Amendment to the Constitution bans anyone who “engaged in insurrection or rebellion against” the U.S. from holding office.

A Florida lawyer is suing Donald Trump in an attempt to disqualify his current run for president. Lawrence A. Caplan’s Thursday lawsuit claims that the ex-president’s involvement in the Jan. 6 Capitol riot would make him ineligible to run again, thanks to the Constitution’s 14th Amendment—a Civil War-era addition aimed at preventing those who “engaged in insurrection or rebellion against” the U.S. from holding office. “Now given that the facts seem to be crystal clear that Trump was involved to some extent in the insurrection that took place on January 6th, the sole remaining question is whether American jurists who swear an oath to uphold the U.S. Constitution upon their entry to the bench, will choose to follow the letter of the Constitution in this case,” the lawsuit says, also citing Trump’s alleged efforts to overturn the 2020 election results in Georgia. Legal experts say it’s an uphill battle to argue in court, since the amendment has hardly been exercised in modern history. “Realistically, it’s not a Hail Mary, but it’s just tossing the ball up and hoping it lands in the right place,” Charles Zelden, a professor of history and legal studies at Nova Southeastern University, told the South Florida Sun Sentinel.

archive link to South Florida Sun Sentinel article: https://archive.ph/1BntD

  • Uncaged_Jay@lemmy.world
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    1 year ago

    I don’t get it, why try to keep him from running? Especially if you’re a Democrat, letting Trump run would split the Republican vote and almost guarantee a Democratic victory.

    • AngryCommieKender@lemmy.world
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      1 year ago

      Keeping him from running accomplishes about the same thing. The cultists will refuse to accept any other Republican nominee, and will refuse to vote, calling it “rigged.”

    • Franzia@lemmy.blahaj.zone
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      1 year ago

      Because I don’t think of politics as winning. My politics wins when the state feels comfortable applying rules to the elite.

    • crwcomposer@lemmy.world
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      1 year ago

      Dude is a lawyer from Florida, so he’s likely conservative and doesn’t want Trump to lose the election for the Republicans.

      • Uncaged_Jay@lemmy.world
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        1 year ago

        There are still 3rd parties in the US, a prime example in US politics that would equate to this would be the Election of 1912, where President Wilson won against the incumbent Republican, President Taft. The only reason Wilson won was because Roosevelt ran as a Republican adjacent candidate under the “Bull Moose” party, which effectively split the Republican vote and prevented Taft from getting all of the Republican vote.

        If Trump runs again, it is likely he will be running as an independent candidate, which will split the Republican vote and allow the Democrats a sure win.

          • Uncaged_Jay@lemmy.world
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            1 year ago

            The powers that be (the old republicans) do not like him, they wouldn’t allow him to be the GOP candidate even if he succeeded.

            • BigNote@lemm.ee
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              1 year ago

              They failed to stop him in 2016 and 2020, so I see no reason to think they’ll succeed in stopping him this time.

              Out of curiosity, where are you getting this idea? Are there any reputable experts you can point to? I sure haven’t seen anyone arguing anything like this apart from you.

              Not trying to be a dick, just asking.