14th Amendment to the US Constitution

21 Dec 2023

Context: Recently, the Supreme Court in Colorado ruled that the former US President, Donald Trump, is “disqualified from holding the office of President under Section Three of the 14th Amendment to the US Constitution”.

Colorado Supreme Court disqualifies Trump from 2024 ballot

The judgment was related to Trump’s alleged role in the January 6, 2021 attacks on the US Capitol – the seat of the country’s government.
Trump supporters were protesting the election victory of Democratic candidate Joe Biden in 2020, claiming the polls were rigged.
- They rioted and entered the premises of government offices in Washington DC

About 14th Amendment to the US Constitution

Background: The Amendment was passed in 1866 and ratified in 1868 by the US Congress [brought in after the end of the Civil War (1861-65)].
Key Feature: All persons born or naturalized in the United States were granted citizenship, including the formerly enslaved people.
Significance: It extended liberties and rights granted by the Bill of Rights to formerly enslaved people.

What is Section Three of the 14th Amendment of the US Constitution?

Bar on Holding Office: It states that if any person previously elected to any government office took part in an insurrection or rebellion, they could not hold office again.
- But Congress may, by a vote of two-thirds of each House, remove such disability.
Underlying Principle: In a democracy, people cannot substitute force, violence or intimidation for persuasion, coalition building and voting. If an elected official has rebelled against the constitution itself, then it is a threat to that system of constitutional politics.