The Wrong Tool for Punishing Trump

Then-President Donald Trump boards Air Force One at Valley International Airport after visiting the U.S.-Mexico border wall in Harlingen, Texas, January 12, 2021. (Carlos Barria/Reuters)
Section 3 of the 14th Amendment is not the constitutional shortcut around impeachment and conviction that Democrats would like it to be.

NRPLUS MEMBER ARTICLE B ecause Donald Trump’s conduct pushes so many envelopes, he attracts a constant stream of creative interpretations of the Constitution and the federal criminal code from people looking for a magic bullet to take him down. I’ve previously explained why Trump can be impeached even after leaving office, and why it might now be justifiable to remove him under the 25th Amendment. But a third theory has also been invoked by a number of commentators on the left, and even raised as a possibility by Nancy Pelosi: that Congress could disqualify Trump from holding future office under Section 3 of the

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