CHARLESTON, W.Va. [WVDN] The question surrounding former President Donald Trump’s eligibility for next year’s presidential race might just come down to the individual states deciding upon who can and can’t be on the ballot. Central to the debate is the 14th Amendment, Section 3, which bars individuals from holding office if they have engaged in “insurrection or rebellion” against the United States. But who gets to decide and how it gets decided is unclear.
Those advocating for withholding Trump’s name from the ballot point directly to this section of the Constitution. They argue that some of Trump’s actions and rhetoric, especially in relation to the events leading up to January 6th, 2021, may have incited or given aid to an insurrection. For these proponents, keeping Trump off the ballot isn’t just a matter of partisan politics but of upholding the very words and principles of the Constitution.
Conversely, opponents counter that the application of the 14th Amendment in this instance is a stretch. They believe that Trump’s actions, while controversial to some, do not meet the constitutional threshold of engaging in or supporting an insurrection against the U.S. For these individuals, the move to withhold Trump’s name from the ballot based on the 14th Amendment would set a dangerous precedent, potentially weaponizing the Constitution for political purposes.
Beyond the constitutional debate, many argue that voters should be the ultimate arbitrators. They emphasize that decisions like these, particularly when involving constitutional interpretations, should not be made lightly or without due process.
The question now comes down to whether individual states can decide, or if this is a matter for the US Supreme Court. Or perhaps it should be the Citizens who decide? Cast your vote in our poll now on whether you think Trump should be eligible or ineligible to be listed on the WV State Ballot for the 2024 US Presidential Race.
*14th Amendment, Section 3 Disqualification from Holding Office
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.
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