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Noah Feldman

Trump’s 2024 Hopes Just Crashed Into the 14th Amendment

A provision of the Constitution designed to bar Confederate leaders from office may keep Trump from running again.

Not so fast.

Not so fast.

Source: Bloomberg

Donald Trump might already be ineligible to serve as president of the United States in the future. That’s true even without an impeachment process that ends with a formal ban from future public office.

The relevant constitutional provision is Section 3 of the 14th Amendment, enacted in the aftermath of the Civil War and mentioned in the article of impeachment proposed before the House today. The provision bars a person from holding any office “under the United States” if the person has sworn an oath of allegiance to the Constitution and then “engaged in insurrection or rebellion” against the government or “given aid to the enemies” of the U.S.