“What Cheney and her congressional colleagues might have in mind is the 14th amendment, which was ratified in 1868 after the Civil War to prevent former Confederates from holding state or federal office and thus disrupting the fragile Reconstruction effort.
Cheney’s colleague on the committee, Maryland Democratic Rep. Jamie Raskin, specifically invoked the 14th amendment in remarks to POLITICO this week, calling its use “a live proposition.”
This idea has come up before. In the immediate aftermath of the attacks, scholarsand legal expertsfloated the idea of using this part of the Constitution to do what impeachment ultimately failed to do — permanently bar Trump from holding elected office. But that option seemed to lose some of its appeal as Republicans and Democrats resumed their partisan crouches and major domestic legislative initiatives took center stage.
Now, as the Jan. 6 committee aims for a series of public hearings in the spring — and even some members of the GOP appear to be open to some aspects of election reform — it’s worth revisiting this legislative avenue, and whether the damning revelations already unearthed by the committee’s investigation have sufficiently changed the political landscape within Congress that passing such a law might now be possible — maybe even preferable.”
Comment: So, the Dems have two options? One is to make a criminal referral out of the 6 January tribunal and the second is to pass legislation that makes Trump ineligible for public office under Paragraph 3 of the 14th Amendment as a leader of “insurrection.”
This provision of that amendment was SFAIK never applied to former Confederates with the exception of Jefferson Davis and RE Lee. After a general amnesty was applied by President Hayes, the Congress was replete with former Confederates in both chambers, and several held high diplomatic posts as well as governorships in the states. pl