It should happen, but it won't.Rep. David Cicilline (D-R.I.) is eyeing legislation that would bar former President Trump from serving in office under the 14th Amendment “for leading an insurrection against the United States.”
The Hill
Why write it if you're not going to introduce it?“Given the proof – demonstrated through the January 6th Committee Hearings, the 2021 impeachment trial, and other reporting – that Donald Trump engaged in insurrection on January 6th with the intention of overturning the lawful 2020 election results, I have drafted legislation that would prevent Donald Trump from holding public office again under the Fourteenth Amendment,” Cicilline wrote.
[...]
Cicilline argued that Trump should be barred from holding office under Section 3 of the 14th Amendment, known as the “Disqualification Clause,” which says individuals should not be allowed “to hold any office” if they “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
[...]
It is unclear when the congressman plans to introduce the bill.
Don't talk about it if you have no intention of doing it.If he introduces the bill, Cicilline will have to lay out the process for how the measure would use Section 3 of the 14th Amendment. According to the Congressional Research Service (CRS), the text is vague.
“It is unclear whether Section 3 is self-executing, which, if it is not, would leave federal and state courts or election authorities without power to determine the eligibility of candidates unless Congress enacts legislation to permit it. Courts have produced mixed results on this question,” the CRS report reads.
“Section 3 does not expressly provide a procedure for its implementation other than Section 5’s general authority of Congress ‘to enforce [the Fourteenth Amendment’ by appropriate legislation,’” it adds.
...but hey, do what you want...you will anyway.
