# Using the 14th Amendment to bar Trump from office - how does that work? **URL:** \ **Category:** Politics & Elections\ **Tags:** trump\ **Created:** [November 17, 2022, 2:25pm UTC](https://boards.straightdope.com/t/using-the-14th-amendment-to-bar-trump-from-office-how-does-that-work/975084 "2022-11-17T14:25:43Z")\ **Posts on this page:** 11\ **Page:** 4
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [September 25, 2023, 4:38pm UTC](https://boards.straightdope.com/t/using-the-14th-amendment-to-bar-trump-from-office-how-does-that-work/975084/61 "2023-09-25T16:38:47Z")
> [@TriPolar](#): > > I don’t really think it’s necessary now based on the phrase “…hold any office civil or military…” which should apply to the president without question. But the SCOTUS is what it is. Relative to Trump, the Insurrection Clause has two components – the offices that an insurrectionist is barred from attaining (including “any office civil or military”), and the offices that they held when they took their oath to the Constitution. The later is defined as, “a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State.” If the President does not count as an “officer of the United States,” then it doesn’t apply to Trump because he’s never taken an oath besides the Presidential oath of office. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [September 25, 2023, 5:58pm UTC](https://boards.straightdope.com/t/using-the-14th-amendment-to-bar-trump-from-office-how-does-that-work/975084/62 "2023-09-25T17:58:45Z")
> [@flurb](#): > > If the President does not count as an “officer of the United States,” then it doesn’t apply to Trump because he’s never taken an oath besides the Presidential oath of office. Sure, but why wouldn’t “any office civil or military” apply to the president? ---
**Author:** ![The\_Other\_Waldo\_Pepper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_other_waldo_pepper/32/12370_2.png) [@The\_Other\_Waldo\_Pepper](https://boards.straightdope.com/u/The_Other_Waldo_Pepper)\ **Post date:** [September 26, 2023, 11:45pm UTC](https://boards.straightdope.com/t/using-the-14th-amendment-to-bar-trump-from-office-how-does-that-work/975084/63 "2023-09-26T23:45:50Z")
> [@flurb](#): > > Regarding the SC decision, likewise I’m not seeing it expressed directly that the President is not an officer but it’s a pretty clear implication of the findings. But I spoke too quickly to say the SC “affirmed” that position. My apologies. You know, this exchange got me curious; I wonder if it was the following aside from the decision? _‘The diffusion of power carries with it a diffusion of accountability. The people do not vote for the “Officers of the United States.” Art. II, §2, cl. 2. They instead look to the President to guide the “assistants or deputies … subject to his superintendence.’_ You could argue that it’s not an affirmation, but could also argue that it’s not _not_ an affirmation. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [October 2, 2023, 6:08pm UTC](https://boards.straightdope.com/t/using-the-14th-amendment-to-bar-trump-from-office-how-does-that-work/975084/64 "2023-10-02T18:08:02Z")
Supreme Court denies cert to the first challenge to Trump’s eligibility, brought by a fellow named Castro in Florida: > **[Supreme Court declines to consider longshot bid to disqualify Trump from...](https://www.cnn.com/2023/10/02/politics/donald-trump-fourteenth-amendment-ballot-case-supreme-court/)** > > The Supreme Court said Monday that it will not take up a longshot challenge to Donald Trump’s eligibility to run for president because of his alleged role in the January 6, 2021, attack on the US Capitol. ---
**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\ **Post date:** [October 2, 2023, 7:01pm UTC](https://boards.straightdope.com/t/using-the-14th-amendment-to-bar-trump-from-office-how-does-that-work/975084/65 "2023-10-02T19:01:41Z")
‘Alleged role’ yeah, right. When SCOTUS will not trust their eyes and ears, there is not much we can do. Alleged. 🙄 ---
**Author:** ![Akaj](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/akaj/32/145_2.png) [@Akaj](https://boards.straightdope.com/u/Akaj)\ **Post date:** [October 2, 2023, 7:20pm UTC](https://boards.straightdope.com/t/using-the-14th-amendment-to-bar-trump-from-office-how-does-that-work/975084/66 "2023-10-02T19:20:55Z")
> [@enipla](#): > > ‘Alleged role’ yeah, right. Since none of the current charges against Trump directly relates to the Jan. 6 insurrection, I wonder if even straight convictions on all the DOJ and Georgia charges would convince this SCOTUS that Trump’s Jan. 6 role was more than “alleged.” ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [October 2, 2023, 7:28pm UTC](https://boards.straightdope.com/t/using-the-14th-amendment-to-bar-trump-from-office-how-does-that-work/975084/67 "2023-10-02T19:28:36Z")
I think the « alleged » comes from the CNN-newspeak, where everything is « alleged » until there’s been a court ruling. The article goes on to say: > The case was denied without any comment or recorded vote. ---
**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\ **Post date:** [October 2, 2023, 9:11pm UTC](https://boards.straightdope.com/t/using-the-14th-amendment-to-bar-trump-from-office-how-does-that-work/975084/68 "2023-10-02T21:11:12Z")
> [@Akaj](#): > > Since none of the current charges against Trump directly relates to the Jan. 6 insurrection, I wonder if even straight convictions on all the DOJ and Georgia charges would convince this SCOTUS that Trump’s Jan. 6 role was more than “alleged.” I feel that the fake electors was a deliberate try at insurrection. An insurrection does not have to be violent. Though Trump was involved in both a violent insurrection attempt, and a coup. Either way, Trump is a traitor. Full Stop. ---
**Author:** ![Akaj](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/akaj/32/145_2.png) [@Akaj](https://boards.straightdope.com/u/Akaj)\ **Post date:** [October 2, 2023, 9:20pm UTC](https://boards.straightdope.com/t/using-the-14th-amendment-to-bar-trump-from-office-how-does-that-work/975084/69 "2023-10-02T21:20:05Z")
> [@enipla](#): > > Either way, Trump is a traitor. Full Stop. No argument from me. I wonder what it will take to get SCOTUS to take one of these ballot cases seriously. ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [October 2, 2023, 9:22pm UTC](https://boards.straightdope.com/t/using-the-14th-amendment-to-bar-trump-from-office-how-does-that-work/975084/70 "2023-10-02T21:22:21Z")
A new set of SCOTUS members after we reconstitute the constitutional government about 75 years from now. ---
**Author:** ![Akaj](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/akaj/32/145_2.png) [@Akaj](https://boards.straightdope.com/u/Akaj)\ **Post date:** [October 2, 2023, 9:34pm UTC](https://boards.straightdope.com/t/using-the-14th-amendment-to-bar-trump-from-office-how-does-that-work/975084/71 "2023-10-02T21:34:41Z")
Cool! I’ll only be 133. [Previous page](https://boards.straightdope.com/t/using-the-14th-amendment-to-bar-trump-from-office-how-does-that-work/975084.md?page=3)