What does Section 3 of the 14th Amendment provide?
The Supreme Court's ruling in Colorado sparked a major debate in the United States. That would be no different in Maine now. Trump and his entourage mainly see this as a political move by Democrats.
Legal proceedings are still ongoing against Trump for his role in the attack on the Capitol. Although this is uncertain due to the appeals process, the process will usually begin in early March 2024. However, Colorado and Maine did not wait for that process and relied on the Constitution.
The provision in question, cited by the States, prohibits the holding of public office by officers engaged in sedition or insurrection. In fact, the provision goes as follows:
“No person shall be a Senator or Representative in Congress, or an elector of the President and Vice-President, or hold any office, civil or military, under the United States, or any State, who shall have previously taken the oath of office. Member of Congress, or officer of the United States, or member of the Legislature of any State, or of any State. As an executive or judicial officer, shall have engaged in rebellion or insurrection in support of the Constitution of the United States. The same, or given aid or comfort to the enemies thereof. But Congress may remove such disqualification by a two-thirds vote of each House.”
The National Supreme Court has never ruled on Section 3 and its substantive consequences. According to legal experts in the US, the decisions in Colorado and Maine show the need for clarification from the Supreme Court.
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