Trump should not be able to run for president based on the disqualification clause of the 14th amendment because of the insurrection.
Fourteenth Amendment, Section 3: “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.”
Other things of note: 'In early 2016, Trump again had gutting the First Amendment in view, this time wanting to “open up the libel laws” to infringe on the freedom of the press. That summer, he vowed to protect articles of the Constitution that do not exist. In 2017, he said constitutional checks and balances that required him to share power with Congress are a “very rough” and “archaic” system, which is “a really bad thing for the country.” That fall, he said asserting Fifth Amendment rights is proof of guilt. In 2018, he floated unilaterally ending birthright citizenship in violation of the 14th Amendment.
In 2019, Trump repeatedly claimed Article II of the Constitution gave him “the right to do whatever I want.” The same year, he argued he should be able to abuse national emergency declarations to expand his own power beyond constitutional boundaries because Democrats would do the same thing if given the chance. In 2020, he reportedly expressed interest in declaring martial law though the constitutional preconditions for it, per Ex parte Milligan (1866), had not been met. And just last month, he called for executing drug dealers after a two-hour trial modeled on communist China’s justice system, a blatant rejection of constitutional due process. By the standard of many of his Republican supporters, even Trump’s record on the Second Amendment falls short."
Campaign groups have written to officials in nine states urging the former president be barred from running for office for allegedly inciting an insurrection.
He should not be able to run based on the disqualification clause of the 14th amendment because of the instruction.
Fourteenth Amendment, Section 3:
“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.”
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Campaign groups have written to officials in nine states urging the former president be barred from running for office for allegedly inciting an insurrection.