“Allowing Trump To Assume Office Would Be Unconstitutional”: Can Trump Really Be Disqualified From the Presidential Election?

Michelle MeyerNov 13, 2023

Minute Read

The effort in Minnesota to remove Trump from the ballot has been dismissed by its Supreme Court – but the development doesn’t necessarily mean the fight to have Section Three of the 14th Amendment respected and enforced is over.

Free Speech for People

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Free Speech for People is a non-profit and non-partisan group. It represented the group of Minnesota voters who brought forward the petition to have Trump barred from the ballot because of his role in the Jan 6th Capitol insurrection.

Holding Office vs. Running for Office

“There is no state statute that prohibits a major political party from placing on the presidential nomination primary ballot or sending delegates to the national convention supporting a candidate who is ineligible to hold office,” the ruling said. The 14th Amendment bars those who have engaged in insurrection after pledging an oath to support and defend the Constitution from holding office – but not from running for office.

Aid and Comfort

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There’s an argument to be made that Trump didn’t necessarily engage in insurrection himself. However, the 14th Amendment also says that those who gave “aid and comfort” to insurrectionists are ineligible.

The Petition’s Words

The Minnesota voters’ petition said: “Donald J. Trump, through his words and actions, after swearing an oath as an officer of the United States to support the Constitution, engaged in insurrection or rebellion, or gave aid and comfort to its enemies, as defined by Section Three of the 14th Amendment. He is disqualified from holding the presidency or any other office under the United States unless and until Congress provides him relief.”

The Colorado Lawsuit

Plenty of other states are also trying to have Trump banned from the ballot. The most high profile of them is taking place in Colorado. “We are here because Trump claims that he has the right to be president again but our Constitution, the shared charter of our nation, says he cannot do so,” Attorney Eric Olson said.

Almost 100 Criminal Charges

Donald Trump has undoubtedly been under a lot of stress in recent months. He’s been indicted four times and is facing 91 felony counts, not to mention a New York civil fraud trial that could end with him being banned from conducting business in the state.

Attempting To Overturn an Election

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Four of the crimes the former president has been charged with are in relation to his attempts to overturn the 2020 election and prevent the transfer of power to now-President Joe Biden. The defendant is attempting to delay his trials, presumably until after the 2024 election.

A Politically Motivated Prosecution

It looks like the former president’s criminal cases will go to trial right in the middle of his presidential campaign, assuming he wins the GOP nomination. Naturally, Trump isn’t particularly pleased about this and is claiming that the prosecution is “politically motivated.”

The Public Opinion

With more 14th Amendment cases looming, the topic is being discussed a lot both online and in the real world. One commenter, responding to the Minnesota Supreme Court’s decision, said: “I agree with the ruling. They were asked to consider removing him from the primary ballot but the state doesn’t run the primaries and doesn’t have the authority. Also, and I get a lot of hate for saying this, I think it sets a bad precedent to declare him ineligible before he’s convicted of something that falls under insurrection.”

Not a Shock

Another individual, also in response to the Minnesota ruling, said: “Not really a shock. Even if they had ruled, it would have been pushed up to the U.S. Supreme Court and they don’t have the best track record as of late. I’m guessing Colorado will probably be the same story.”

It’s in the Constitution

Plenty of social media users were clear and concise with their opinions on the matter: “Trump, and anyone involved in any insurrection, should be disqualified from office. It’s in the Constitution and you don’t need to be convicted in court.”

Allowing the People To Decide

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Another person wrote: “I don’t believe Trump will be disqualified from holding office by the DOJ. I think he’ll be found guilty of conspiracy, fraud, maybe some election crimes – but the DOJ will attempt to remain non-partisan by allowing the people to decide instead. I hope I’m wrong.”

Innocent Until Proven Guilty

Others didn’t feel very optimistic about the chances of Trump being removed from any ballots: “As much as I really hope that the man would not be a candidate again, wouldn’t the 14th Amendment only be relevant if he is convicted of any of his indictments? I mean, all citizens are presumed innocent until proven guilty. God, I feel dirty for just even extending him an intellectual argument of presumed innocence.”

Losing by a Huge Margin

Another commenter wrote: “He should be [barred from office] but I highly doubt he will be. It honestly might be for the best for him to run and lose by a huge margin. If he doesn’t get the chance, the far-right are going to lose their minds. Then again, they’re going to lose their minds when he’s sent to prison anyway.”

A Hypothetical Reaction

One person talked about the hypothetical far-right reaction to Trump being removed from the ballot in a single state: “I think if Trump is kept off the ballot somewhere, all the red states would try to keep Biden off the ballot by claiming since Biden lost the last election, in their minds, he has been leading an insurrection all this time so he can’t run. Does it make sense? No but a bunch of red state supreme courts would likely say yes.”

A Stickler for the Law

Another commenter wrote: “As a stickler for the law, I think this is most likely without merit. In the civil war, the CSA declared war on the U.S. and insurrectionists were in the military force of their military. There is unequivocal proof of insurrection. Trump, as of yet, has not been convicted in Congress or the courts of any crime – yet – that could be considered insurrection.”

A Conviction Would Be Needed

The commenter continued: “I think the courts would agree that there needs to either be a conviction or some sort of declaration by Trump for him to be disqualified. Otherwise, anyone can be disqualified. That being said, he is an insurrectionist. He just hasn’t been found guilty yet.”

The Constitution Is Clear

“Allowing Trump to assume office would be unconstitutional. The Constitution is clear. He cannot be president again. Whether or not that will happen is another matter but I would be very concerned if he’s allowed to become president again. I think that would be very bad news for the Constitution,” another individual said, echoing the sentiment of a lot of commenters – that Trump should be barred from office but probably won’t be.