It remains to be seen whether or not the use of Section 3 of the 14th Amendment of the U.S. Constitution will be an effective method to prevent a possible return of former president Donald Trump to the White House.
Nevertheless, for some, it seems the most viable strategy at the moment.
Minnesota joins several other states that are facing lawsuits from various groups seeking to have Trump removed from the ballots. Similar cases have also been filed in Florida, Michigan, and Colorado by different individuals and groups.
“Election and campaign finance reform organization” Free Speech for People filed a suit in Minnesota looking to have Trump removed from the ballots for the primary elections, as well as the general elections should the former president win the Republican presidential nomination.
The left-leaning group filed the suit on behalf of several voters in Minnesota, which include former state Supreme Court Justice Paul Anderson, DFL Secretary of State Joan Growe, and former co-chair of the Steele County chapter of the Republican Party, Dave Thul.
Donald Trump: Insurrectionist and Rebel?
“The events of January 6, 2021 amounted to an insurrection or a rebellion under Section 3: a violent, coordinated effort to storm the Capitol to obstruct and prevent the Vice President of the United States and the United States Congress from fulfilling their constitutional roles by certifying President Biden’s victory, and to illegally extend then-President Trump’s tenure in office,” part of the suit reads.
The suit accuses the former commander-in-chief of completely violating Section 3 of the 14th Amendment, which reads: “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.”
However, of the many cases Trump is facing at the moment, none have accused him of treason or rebellion – even his indictment over the events of January 6 only accuse the former president of attempting to tamper with election results.
In addition, the Constitution does not specify how the ban would be enforced if ever, and there is little historical precedent for using the 14th Amendment the way it is being used against Trump – it was last used in the 1800s against former members of the Confederate Army, whose actions were a far cry from anything Trump is being accused of.
Tim Ramos has written for various publications, corporations, and organizations – covering everything from finance, politics, travel, entertainment, and sports – in Asia and the U.S. for more than 10 years.