Donald Trump Still Isn’t Ineligible to Run in 2024

Ever since January 6, 2021, the political and legal systems have searched for a deus ex machina device to eliminate Donald Trump from our politics without letting the voters decide his fate. It’s a tempting prospect both for liberals who fear another round of post-election violence and for conservatives (like me) who don’t want to throw away another presidential election on a man widely despised by a majority of voters. It’s also quietly tempting for Republican politicians, so long as they aren’t seen publicly to be the ones wielding the knife.

But it won’t be that easy. One of the early arguments made for disqualifying Trump from running again was Section 3 of the 14th Amendment. That argument has resurfaced again. It remains legally deficient.

About the Author

Dan McLaughlin

Dan McLaughlin is a senior writer at National Review Online and a fellow at National Review Institute.

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Ever since January 6, 2021, the political and legal systems have searched for a deus ex machina device to eliminate Donald Trump from our politics without letting the voters decide his fate. It’s a tempting prospect both for liberals who fear another round of post-election violence and for conservatives (like me) who don’t want to throw away another presidential election on a man widely despised by a majority of voters. It’s also quietly tempting for Republican politicians, so long as they aren’t seen publicly to be the ones wielding the knife.

But it won’t be that easy. One of the early arguments made for disqualifying Trump from running again was Section 3 of the 14th Amendment. That argument has resurfaced again. It remains legally deficient.