Right after the Capitol uprising, which is said to be soand violence across the country, lawmakers, cabinet members and a US trade group began asking Pence to use the 25th Amendment to remove Trump from office. Nearly 240 lawmakers in Washington support the move, including 38 Democratic senators and 199 representatives from both parties.
During his Tuesday visit to Texas – his first event since the Capitol attacks – Trump briefly addressed last week’s events, as well as recent two-pronged attempts to invoke the 25th Amendment.
“The 25th Amendment poses no risk to me,” Trump told reporters.
Now another part of the US Constitution has entered the conversation: the 14th Amendment. Lawmakers are trying to get the 14th Amendment to dissuade Trump from re-running and hold US politicians accountable for supporting or participating in the January 6 riots.
So, what is the 14th Amendment and what could it mean for the Trump administration?
What is the 14th Amendment?
The 14th Amendment – added to the Constitution in 1866 – has five sections in all. For example, Section 1 says that anyone born or naturalized in the US is a citizen of the state in which they reside.
But it is section 3 of the 14th amendment in particular that has been receiving attention recently. In simple terms, Section 3 says that if someone is involved in an “uprising or rebellion” against the US, he cannot hold office.
The full section reads:
No one may be a senator or representative in Congress, or an elector of president and vice president, or hold office, civil or military, under the United States or any state that, having previously taken an oath, as a member of Congress, whether as an officer of the United States, or as a member of a state legislature, or as an executive or judicial officer of a state, to support the Constitution of the United States, will have been involved in revolt or rebellion against the same, or help or comfort given to its enemies. But Congress, with a vote of two-thirds from each House, can lift such a handicap.
How the 14th Amendment Could Apply to Trump
Simply put, analysis of the January 6 riot has led many to blame Trump for provoking the crowd. In addition, there has been criticism of senators and congressmen who supported his actions or dealt with him. By this logic, those senators and congressmen could also have violated the 14th Amendment.
The– prepared by representatives David Cicilline, Jamie Raskin and Ted Lieu – quoted the third part of the 14th Amendment on insurrection and rebellion.
In his conduct while serving as President of the United States – and in violation of his constitutional oath of loyalty to the office of President of the United States and, to the best of his ability, to maintain the Constitution of the United States, to protect and defend. United States, and in violation of his constitutional duty to ensure that laws are faithfully enforced – Donald John Trump has been guilty of serious crimes and felonies by inciting violence against the United States government, ”reads the resolution (our emphasis).
What does it take to implement the 14th amendment?
Since the 14th Amendment has never before been used to impeach a sitting president, constitutional law experts say this option is unlikely. The amendment could still mean that senators and congressmen who supported the mafia’s actions could be expelled. Rep. Cori Bush drafted legislation on Monday to hold those individuals to account.
In short, Congress has the power to expel members, but that should come through legislation. This means that a president should sign it. Additionally, Congress could remove a member with a two-thirds majority, but this requires Republican backing.
What happens if neither the 25th nor the 14th amendment is invoked?
Following the accelerated resolution of House Majority Leader Steny Hoyer, formally called for Vice President Mike Pence to convene the cabinet andwas blocked, House Speaker Nancy Pelosi said she would bring back Hoyer’s resolution for a vote on Tuesday. When it’s over, Pence has 24 hours to respond before it .
Has the 14th Amendment ever been used before?
Yes and no. In its infancy, the 14th Amendment was used to oust various legislatures for supporting the Confederacy at the start of the Civil War.
While the amendment has not been used to remove a sitting president, it has been a focal point in multiple Supreme Court cases throughout history. The 14th Amendment has been cited in racial injustice cases, such as Plessy v. Ferguson in 1896 and Brown v. Board of Education in 1954, as well as Bush v. Gore in 2000, in which former Florida President George W. Equal protection clause of amendment violated. More recently, the 14th Amendment was cited in Obergefell v. Hodges in 2015 by Judge Anthony Kennedy to advocate for same-sex marriage.