By ZOYA KHAN
In the aftermath of Donald Trump’s presidency, several legal challenges have emerged against him. A recent matter that has captured national attention is Colorado’s decision to keep former President Donald Trump off its 2024 election ballot, citing section 3 of the 14th amendment. Here is a primer on everything you need to know about the situation.
What is the 14th Amendment?
The 14th Amendment was created shortly after the Civil War, to allow all citizens due process rights and to guarantee equal protection of the law. Section 3 of this amendment essentially says that anyone who has taken oath to uphold the Constitution cannot engage in any act of insurrection or rebellion against the country, nor aid any enemies of the United States. This argument, or more specifically the ‘insurrection clause’ has never before gone forward in a trial concerning a presidential candidate, until now.
How Does This Apply to Donald Trump?
This case goes back to January 6, 2021, when a mob of Trump’s supporters stormed the U.S. Capitol following the 2020 presidential election results. The argument is that Trump engaged in this riot, did not say or do anything to stop it, and even encouraged these actions via social media. Proponents of the 14th Amendment case contend that Trump, as the sitting president, failed to protect the equal protection rights of those within the Capitol, leading to violence and endangerment. However, the opposition argues that the former President’s actions, while controversial, may not necessarily meet the high threshold required for a successful constitutional challenge.
What Has Colorado Done About it?
The insurrection clause is not a typical factor in the eligibility to run for president, but Colorado’s Supreme Court contested this idea anyway. The case started with a lawsuit filed by 6 Colorado voters, detailing the events of January 6th and why Trump should be taken off the ballot. The Colorado Supreme Court determined, in a 4-3 vote, that this Constitutional provision disqualifies Trump from holding the office.
What is the U.S. Supreme Court Saying?
The U.S. Supreme Court has decided to take oral arguments on February 8th, to decide whether this case should go to trial or not. Trump and his team have urged the U.S. Supreme Court to reject Colorado’s decision to take him off of their ballot, arguing that he “did not ‘engage in’ anything that qualifies as ‘insurrection.'” They argue this claim threatens the legal right of all Americans, especially if other states take this issue to their high courts as well. The main question the U.S. Supreme Court has to decide on is: Does the 14th Amendment apply to presidents?
Are There Other States Bringing This Case to Court?
Colorado is not the only state to rule in favor of this insurrection clause. Last month, the Maine Secretary of State declared that Trump was ineligible. But, the Maine Supreme Court postponed the ruling enabling the U.S. Supreme Court to address this issue before Maine moves forward. Trump’s name will continue to appear on the ballot in the interim.
What Does This Mean for High Schoolers?
This case and the decision of whether or not the 14th Amendment clause applies to presidential candidates is a real-world example of how politics work. We learn about the history of the Constitution in school, and now we’re seeing how those complex principles play out in a real-life situation. Colorado’s decision to isn’t just a headline. It influences the world we live in, showing us how the principles we study in class can shape real-life decisions.