Democrats, desperate to defeat a resurgent former President Donald Trump, are dusting off the 14th Amendment’s disqualification clause, largely dormant for 155 years.
After the Civil War, Congress passed and the states ratified the Civil War amendments. The 13th, 14th and 15th amendments outlawed slavery, guaranteed equal protection and due process to freed slaves, and guaranteed voting rights to freed male slaves.
Their theory is that Mr. Trump’s challenge to the 2020 election , the Jan. 6 protest , and the resulting riot was an “insurrection.” For people who proclaim they are defending democracy, this is one of the most dangerous, destructive and anti-democratic political games imaginable. Labeling Jan. 6 an insurrection rather than a riot is a dangerous political game that will lead to lawless, political, and very destructive disqualifications of political opponents going forward.
This means that Congress must pass legislation to give the disqualification clause its effect. Chief Justice Samuel Chase made that very clear in 1869, and it remains the controlling case today. See Griffin’s Case, 11 F. Cas. 7, 26 .
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