In a bold opinion piece, two legal experts—Evan A. Davis and David M. Schulte—argue that Congress should use the 14th Amendment to prevent President-elect Donald Trump from taking office. They believe the amendment could block him because it bars anyone who has “engaged in insurrection” from holding public office again.
The argument centers around Trump’s involvement in the January 6th Capitol attack, his second impeachment trial, and even a Colorado court ruling, all of which they say point to him inciting or participating in an insurrection. The 14th Amendment’s disqualification clause is clear: those who rebel against the government shouldn’t be allowed back in office. And since Trump has been accused of such actions, Davis and Schulte believe Congress should step in when it meets to count the electoral votes.
However, this idea is sparking intense backlash. Critics, including Trump’s campaign spokesman, claim it’s an attack on democracy and that it undermines the will of the American people. They argue that such efforts to block Trump from office would be seen as an “insurrection” in itself.
While the chances of this happening are slim—given that Republicans control Congress and wouldn’t want to risk electing Vice President Kamala Harris—the debate raises serious questions about how far lawmakers might go to challenge the results of the election.
This battle over the 14th Amendment could define the future of American politics. What do you think—should Congress get involved?
