The Supreme Court will soon resolve the question of Donald Trump’s constitutional eligibility to be president. By agreeing to hear his appeal of the Colorado decision declaring him ineligible, the court signaled its awareness of the need to provide national clarity about the use of the Constitution’s disqualification clause.
To be clear, this is not about ballot access in just one state; dozens are acting independently and differently. Maine agreed with Colorado; California, Michigan and Minnesota decided otherwise; and decisions are pending in 19 other states. Imagine the chaos in a national election if state-based ballot qualification outcomes were left unreconciled.
As we absorb the coverage and ultimately respond to the court’s decision in what is an unprecedented and fraught case, here are 10 reminders to help us separate myth from fact:
1. Section 3 says nothing about the Civil War.
It is correct that Section 3 of the 14th Amendment has post-Civil War roots, but it does not mention the war. The historical connection may be stressed to question the provision’s use in the present, or to differentiate between war and what transpired on and leading up to Jan. 6, 2021. Alternatively, its general language may be cited to support the provision’s use against any insurrection.