On Dec. 12, the Colorado Supreme Court disqualified former president Donald Trump from running for re-election. The court argued that Trump was unlawful in his attempts to upend the 2020 election and his part in assisting the riot at the Capitol on Jan. 6, 2021. With a four to three ruling, the court declared Trump’s actions at the Capitol riot were unconstitutional under the 14th Amendment.
“We have to go back to the original 14th Amendment and look at the language,” Dr. Julie Kimmel, Chair of the Upper School History Department, said.
In Section Three of the 14th Amendment, the law states that no person who had “previously taken an oath” as an “officer of the United States” may engage in “insurrection or rebellion.” The only exception is if two-thirds of the Congress vote for the Amendment to be disabled.
“This language is specifically about people who participated in the Confederacy and who declared themselves to be a separate nation at war with the United States and in order to establish a separate nation,” Dr. Kimmel said. “The decision of the court will hinge on their interpretation of Trump’s actions.”
During the storming of the Capitol, Trump gave a speech before extremists entered the building. These words from this speech were used multiple times in the initial impeachment trial against Trump to justify the claim that his words were used for a violent rally against the nation.
“We fight like hell. And if you don’t fight like hell, you’re not going to have a country anymore,” Trump said.
However, his defense lawyers in that trial pointed to a different section of his speech. “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard,” Trump said.
Public opinion has strongly been skewed over Trump’s apparent return to the presidency due to these contradictory statements.
“I feel as if Trump has broken all these Constitutional statements and laws in general. I feel as if he shouldn’t be allowed to run for president,” Helen Liang ‘25, Honors U.S. History student, said. “Do we really want a criminal and someone with multiple felonies running for president?”
“That day he definitely overstepped on American democracy and disrespected it in a big way, Utsav Mittal ‘25, another Honors U.S. History student said. “In my opinion, it was almost like a coup or threatening to destroy democracy, which is what this country is based on. I don’t think there is any legal reason for him not to run for president, but I think there is a moral one. We don’t have someone who almost caused a revolt.”
Both students agree that the discrepancies caused by Trump make him a poor choice for the upcoming presidential elections.
After the court case in Colorado, other states like Florida and Maine have taken up these cases in the state-level courts to write Trump off the ballot. With the increasing publicity of the topic, the New York Supreme Court has taken up the case, with the trial set to happen on Feb. 8.
In the midst of these trials, what will happen in terms of the 2024 Presidential Election is still up in the air. Will Trump regain his eligibility for presidential candidacy for the next four years, or will a new candidate step up?
Links:
https://www.politico.com/news/2023/12/19/colorado-disqualify-donald-trump-00132578
https://www.politico.com/news/2024/01/05/trump-supreme-court-14th-amendment-eligibility-00134133