A Hill editorial calling on lawmakers to prevent Trump's inauguration received criticism
Despite the years-long saga that followed the events of Jan. 6 2021, it appears that there is some dispute about what could take place in Washington next month.
The Hill's opinion writers have urged lawmakers to prevent President-elect Trump from assuming office next month by using the 14th Amendment disqualification, as Fox News reported.
Evans A. Davis and David M. Schulte wrote a blog on Thursday claiming that Congress can challenge the electoral votes under the 14th Amendment because they see Trump as "an oath-breaking insurrectionist."
Those who have "engaged in insurrection" or "given aid or comfort to the enemies" cannot run for public office again, according to Article 3 of the 14th Amendment. A repeal of the limitation requires approval from two-thirds of the members in each House.
From the Column
Former chief editors of the Yale Law Journal and the Columbia Law Review, Davis and Schulte, respectively, argued that Trump cannot be president due to this disqualification.
Both leaders urged lawmakers to move quickly during next week's joint session to officially tally the electoral votes.
"Disqualification is based on insurrection against the Constitution and not the government. The evidence of Donald Trump’s engaging in such insurrection is overwhelming," they argued.
"The matter has been decided in three separate forums, two of which were fully contested with the active participation of Trump’s counsel."
Harkening Trump's Impeachment Trial
As reasons for his ineligibility, the writers mentioned the second impeachment trial , the investigation that Congress conducted into the attack on the Capitol on January 6, and the decision that the Colorado Supreme Court made to ban the past and incoming president from appearing on the ballots of the state in 2024.
"On Jan. 13, 2021, then-President Trump was impeached for ‘incitement of insurrection’…inciting insurrection encompasses ‘engaging in insurrection’ against the Constitution ‘or giving aid and comfort to the enemies thereof,’ the grounds for disqualification specified in Section 3," they claimed.
"The inescapable conclusion of this evidence is that Trump engaged in insurrection against the Constitution."
The Amendment in Question:
The annotated version of the constitution listed on its own unique page on Congress' website states that:
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
During the Trump trial in Colorado, where the state addressed whether the president could be on the ballot, it was pointed out that this was enacted after the Civil War and meant to cope with Confederate officials that might attempt to infiltrate the newly re-united government.