Donald Trump: Constitutionally Barred from Holding Office - A Strict Constructionist's Perspective

In the spirit of strict constructionism, I argue that former President Donald Trump is constitutionally barred from holding any office under the United States, including the presidency, due to his role in the January 6th Capitol riot. This conclusion rests on a careful examination of Section 3 of the 14th Amendment, which disqualifies from holding certain offices anyone who has "engaged in insurrection or rebellion" against the United States.

The plain text of Section 3 makes no explicit mention of the presidency, but it does prohibit individuals who have taken an oath to support the Constitution from holding "any office" if they subsequently engage in insurrection or rebellion. This language, when interpreted strictly, encompasses all offices under the United States, including the presidency.

Furthermore, the intent behind Section 3 strongly suggests that it was meant to apply to the highest office in the land. The framers of the 14th Amendment were deeply concerned about the threat of insurrection and sought to prevent those who would undermine the Constitution from holding positions of power. The presidency, with its immense authority and influence, represents the pinnacle of such power, and it would be a grave disservice to the Constitution to allow an insurrectionist to occupy that office.

While some have argued that the president's oath, which uses the phrase "preserve, protect and defend" the Constitution rather than "support" the Constitution, somehow exempts them from Section 3's disqualification, this argument is unconvincing. The terms "preserve," "protect," and "defend" are synonymous with "support" in this context, and the president, like all other oath-takers, is bound by the Constitution's principles.

In addition, the president's actions on January 6th clearly meet the definition of "insurrection" or "rebellion." Trump's repeated false claims that the election was stolen, his incitement of violence at the Capitol riot, and his failure to take any meaningful action to stop the violence all constitute acts of insurrection.

In conclusion, a strict constructionist interpretation of Section 3 of the 14th Amendment compels the conclusion that Donald Trump is constitutionally barred from holding any office under the United States, including the presidency. His actions on January 6th were a blatant attack on the Constitution and the rule of law, and he should not be allowed to hold any position of power that would enable him to undermine our democracy once again.

Unlikely Buddha 2023