Trump Breaks Silence on Call to Use 14th Amendment Against Him

By Jerry McConway, updated on September 6, 2023

There is a significant movement among Democrats to try to convince Americans they cannot vote for Trump because he is disqualified from the election via Section 3 of the 14th Amendment.

Donald Trump has finally broken his silence on this, as have some constitutional experts.

Talking Points…

  • What is the 14th Amendment
  • What is Donald Trump saying
  • What is Jonathan Turley saying
  • My Two Cents…

14th Amendment, Section 3

This section of the 14th Amendment reads:

“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.”

Donald Trump Says…

Trump had been relatively quiet on this front, but he finally spoke to this on Monday.

Trump posted on Truth Social:

“Almost all legal scholars have voiced opinions that the 14th Amendment has no legal basis or standing relative to the upcoming 2024 Presidential Election. Like Election Interference, it is just another ‘trick’ being used by the Radical Left Communists, Marxists, and Fascists to again steal an Election that their candidate, the WORST, MOST INCOMPETENT, and MOST CORRUPT President in U.S. history, is incapable of winning in a Free and Fair Election. MAKE AMERICA GREAT AGAIN!”

So, let me clean this up a little bit.

“Almost all” is a pretty big claim, as there are just as many scholars arguing that it can be used versus it cannot be used.

Having said that, the opinions I have read arguing that Trump is already disqualified are just wrong, period.

Currently, Trump is right because there is no legal basis to disqualify him via Section 3 of the 14th Amendment.

Jonathan Turley Says…

Turley is about the most levelheaded constitutional expert out there right now. I respect him greatly, so his opinion is the one that I sought out in this matter.

Turley did an extensive op-ed in The Hill on this, where he called it a “dangerous precedent.

In part, he wrote:

“But that is why this tactic is so dangerous. The party in control could bar dozens of its opponents from running for federal office.

“Some Democrats are now demanding such action against Republicans who challenged the election of Joe Biden. This is common in authoritarian countries such as Iran, where leaders often bar their opponents from office.”

When you have the opportunity, I encourage you to read his opinion on this matter in full (click here).

My Two Cents…

I have never hidden the fact that I am not a fan of what happened on January 6.

I have also repeatedly stated that Trump never should have been at that rally, period.

Having said that, it will be awfully hard to legally prove that he was responsible for the actions of the nefarious actors.

Furthermore, Trump has not been charged with insurrection or giving aid to insurrectionists in any of the cases he faces.

Now, this could change as these cases move forward, especially in the January 6 and Classified Documents case being tried by Special Counsel Jack Smith, but that is not the case right now.

I actually believe elected officials using this tactic are guilty of election interference because they are literally going on national TV telling voters that Trump is not eligible for office using an argument that is, in fact, unconstitutional.

There may come a time when Trump has been disqualified from office, but he would have to be convicted of very specific crimes in order to make that happen.

And yes, I realize Section 3 does not specifically say that he has to be convicted, but I can guarantee you mere allegations are not enough to hold up to an appeal on the Supreme Court. A verdict is inferred, and the Court would require a guilty verdict to uphold such a disqualification.

The law is the law, and the Constitution is the Constitution, and right now, leftist pundits and elected officials are bastardizing both to try to put Biden back in office in 2024.

About Jerry McConway

Jerry McConway is an independent political author and investigator who lives in Dallas, Texas. He has spent years building a strong following of readers who know that he will write what he believes is true, even if it means criticizing politicians his followers support. His readers have come to expect his integrity.

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