Contraversary over implementing Section 3 of the 14th Amendment is happening because Donald Trump is the first president in US history to be credibly accused of insurrection. Esteemed Constitutional scholars agree that Donald Trump meets the criteria for the Section 3 of the 14th Amendment which would block him from being eligible to run for the office of US President.
Tribe says, ” Section 3 of the 14th Amendment, which states that a person is barred from holding office in the U.S. federal government if they “have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.” ( Huffington Pist, August 26, 2023).
Renowned conservative judge and constitutional scholar Michael Luttig’s reaction to the Colorado judge naming Trump guilty of insurrection and yet tuling he is qualified to be on the ballot for president is “simply wrong.” Lutting agrees with Professor Tribe’s assertion that Section 3 of The 14th Amendment disqualifies Trump to be president because it reads it disqualified anyone who engages in “insurrection or rebellion against the Constitution of the United States. The judge asserts Trump’s inciting the Capitol attack for the purpose of stopping the peaceful transfer of power. (MSNBC, Dateline, Nov.. 2, 2023).
HOW TRUMP HAS VIOLATED THE CONSTITUTION:
- Violated the separation of powers when in February 2019 he repurposed funds from the military budget to build his border wall without congressional approval.
- Bypassed Congress and made possession of a bump stock is a crime, even though Congress never passed a law criminalizing the devices.
- Trump did not inform Congress of his order to bomb Syria , much less ask for authorization which violates the separation of powers in the Constitution.
- The U.S. Court of Appeals for the Second Circuit held that Trump’s blocking of unfriendly Twitter followers constituted viewpoint discrimination, in violation of the First Amendment
- Ordered his allies to ignore congressional subpoenas from the Jan.th Select Committee.
- Ordered military participation at Lafayette Square against Black Lives Matter peaceful protesters.
- Used his office for personal financial benefit which violates the Emoluments Clause of the Constitution.
- He incited an insurrection to stop the peaceful transfer of power.