In the midst of the highly polarized 2020 US presidential election, attention has turned to the potential powers of Section 3 of the 14th Amendment. Recently, there have been arguments in Colorado seeking to remove Donald Trump from the ballot based on this section alone. However, it is important to understand the limitations and original intent of the 14th Amendment, particularly Section 3, to assess whether such removals can be constitutionally justified. Here we explore why Section 3 will likely not rule in favor of removing Trump from the Colorado ballot.

Background on Section 3 of the 14th Amendment

Section 3 of the 14th Amendment was added in the aftermath of the American Civil War to address the issue of Confederate officials who had fought against the Union. It stipulates that anyone who has engaged in insurrection or rebellion against the United States, or given aid and comfort to its enemies, shall be disqualified from holding any public office, unless two-thirds of the Congress lift this disqualification. The purpose was to limit the ability of ex-Confederates to hold positions of power within the newly reconstructed Union.

Misinterpretation of Section 3
The language of Section 3 has been subject to various interpretations. While some argue that Trump’s actions and rhetoric could be considered insurrectionary or rebellious, it is crucial to acknowledge that Section 3 was never intended to be used as a tool to remove sitting presidents or any public official without due process or a proper impeachment proceeding.

The Importance of Due Process

Our Constitution’s framers understood the significance of due process and the importance of accountability through constitutional mechanisms such as impeachment. Section 3 of the 14th Amendment cannot and should not replace these vital processes. Attempting to remove Donald Trump from the ballot in Colorado based solely on Section 3 would undermine the foundations upon which our democracy rests. It is essential to respect the separation of powers and allow the impeachment process, as outlined in Article II, Section 4 of the Constitution, to play out.

The Role of Federalism

Another crucial factor to consider is the principle of Federalism—a pillar of the American political system. The power to conduct elections falls primarily under individual states’ jurisdiction. While Section 3 may disqualify an individual from holding office at a federal level, it does not extend to the prerogative of individual states to determine who gets listed on their respective ballots. Each state possesses the authority to establish its own criteria for ballot inclusion, which does not explicitly include grounds for excising Section 3.

Section 3 of the 14th Amendment was designed to target specific individuals involved in insurrection and rebellion against the United States, primarily Confederate officials. Misinterpreting this constitutional provision as a means to remove public officials, including president Donald Trump, from the ballot in Colorado sets a dangerous precedent and undermines established constitutional mechanisms. Upholding the democratic principles of due process, separation of powers, and federalism is crucial to the integrity of our political system. While Section 3 may have a legitimate place in history, it is not the appropriate tool for the removal of candidates from ballots in the current political landscape.