Do you think Donald Trump should've been banned from running for president?
I still can’t wrap my head around the fact that Donald Trump was allowed to run for president again after everything that happened on January 6th, 2021. The Capitol riots weren’t just a random protest that got out of hand they were a direct result of months of Trump spreading lies about a “stolen” election and pressuring officials to overturn the results.
Yeah, he did bad.
A sitting president encouraged his supporters to march on Congress during the certification of an election he lost, and people died because of it. That alone should’ve disqualified him from holding office again under the 14th Amendment (Section 3), which literally bans anyone who engaged in or incited an insurrection from serving in government.
No, it most certainly does
not "literally" ban "anyone" who did such a thing from serving in government. If I were to go off and engage in insurrection, I wouldn't be disqualified at all. Only people who had served in
particular positions were ineligible to serve in government again. Here is the text of the relevant portion, and note the bolded portion where it says the people who would be susceptible to it:
Here's the relevant text:
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. But Congress may, by a vote of two-thirds of each House, remove such disability.
If you never took an oath to support the Constitution as any of the things listed, then it doesn't matter how much insurrection you engage in, you aren't disqualified. 99.9% of people, even if they started up a rebellion personally, would not be disqualified under this. The whole thing was there because they didn't want the people who rebelled against the US during the Civil War to come back into political office, but they also recognized that they couldn't ban
everyone who engaged in rebellion from office or there would be basically no one from the South who could serve in government, so they limited it to those who had done the bolded, limiting it to who they had seen as the most serious of the traitors.
As for the questions of whether Trump engaged in insurrection or rebellion, or even how to decide such a thing... well, that's a complicated issue. If you want to do an inordinately deep dive into the subject, one can read the original 142-page-long article arguing Trump wasn't eligible
here, and can read a 251-page-long response article arguing the opposite
here.
Or if you just care about what actually happened, the case ended up going to the Supreme Court (Trump v. Anderson), who more or less dodged having to decide anything by saying Congress hadn't given them authority to decide the issue, effectively halting the case. It was a questionable decision, but it was the decision.
If one cares anything at all about my own opinion, my personal take is that (1) while Trump's behavior was very bad, it probably didn't quite run afoul of the Fourteenth Amendment, and more importantly (2) even if it did, he isn't disqualified, because the President isn't "a member of Congress," "an officer of the United States," "a member of any State legislature," or "an executive or judicial officer of any State". The President is quite obviously not a member of congress, a member of a State legislature, or an executive or judicial officer of any State. The only question is whether they qualify as an "officer of the United States". Despite seeming counterintuitive, I think the answer is no. The Constitution itself says, referring to the President:
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
So
all of the Officers of the United States are commissioned by the President. That's what the Constitution says. So if they later on, in the Fourteenth Amendment, use the identical phrase "Officer of the United States", it seems to me the proper reading is to interpret it according to its earlier usage, which excludes the President from it. This means the President doesn't fall under any of the categories of disqualification. Whether this omission was by accident or on purpose I am not so sure (after all, none of the Presidents of the United States had joined the Confederacy, so there was no need to include them!), but the text seems rather clear to me. Now, if Trump had taken an oath in any of the other offices enumerated it would apply, but as the first person to become President
without needing to take such an oath prior, all that matters is the presidency.
And yes, I know people have argued against this position, but I ultimately find those counterarguments unpersuasive. But that's just me.
On top of that, there are his criminal indictments... from trying to interfere in Georgia’s election results to mishandling classified documents. Any one of those cases would’ve ended most politicians’ careers, but somehow Trump’s using them as campaign fuel.
An indictment is just an indictment, not actual guilt. And it is true Trump managed to use that in campaign fuel, which I think worked mostly because the previous indictment by Alvin Bragg (along with Latetia James' case) smacked so strongly of lawfare--even some people who really didn't like Trump were critical of them--that people associated that with the indictments you mention, which had more strength behind them.