Can Donald Trump Still Run for President with a Felony?
Since the January 6th U.S. Capitol attack, there have been renewed efforts to hold former President Donald Trump accountable for his potential role in the events surrounding the riot. One major question on everyone’s mind is whether Trump can still run for president with a felony conviction. In this article, we’ll examine the current laws and cases to provide a direct answer to this question.
Contents
- 1 What is the 14th Amendment?**The 14th Amendment to the U.S. Constitution, adopted after the Civil War, seeks to ensure that individuals involved in the rebellion cannot hold public office. Specifically, Section 3 states that: **”No Person shall… hold any Office, civil or military, under the United States… who, having previously taken an Oath, 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, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof…”** Would a Felony Conviction Disqualify Trump?** Under the 14th Amendment, a person who has engaged in “insurrection or rebellion against the United States” could be disqualified from holding federal office. While a felony conviction does not automatically trigger disqualification, it’s possible that a felony could be considered “aid or comfort” to the “enemies” of the United States, as referred to in the 14th Amendment. **• The 14th Amendment is not limited to purely political actions.** For example, a person could be convicted of a felony for engaging in illegal activities or providing support to a group deemed hostile to the United States. In this scenario, a felony conviction might be seen as “aid or comfort” to enemies of the United States, potentially disqualifying that individual from holding federal office. The 28th Amendment Proposal
- 2 Recent Court Decisions and the 14th Amendment
- 3 Conclusion
What is the 14th Amendment?**
The 14th Amendment to the U.S. Constitution, adopted after the Civil War, seeks to ensure that individuals involved in the rebellion cannot hold public office. Specifically, Section 3 states that:
**”No Person shall… hold any Office, civil or military, under the United States… who, having previously taken an Oath, 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, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof…”**
Would a Felony Conviction Disqualify Trump?**Under the 14th Amendment, a person who has engaged in “insurrection or rebellion against the United States” could be disqualified from holding federal office. While a felony conviction does not automatically trigger disqualification, it’s possible that a felony could be considered “aid or comfort” to the “enemies” of the United States, as referred to in the 14th Amendment.
**• The 14th Amendment is not limited to purely political actions.**
For example, a person could be convicted of a felony for engaging in illegal activities or providing support to a group deemed hostile to the United States. In this scenario, a felony conviction might be seen as “aid or comfort” to enemies of the United States, potentially disqualifying that individual from holding federal office.
The 28th Amendment Proposal
As a result of the tumultuous 2020 election and the subsequent January 6th insurrection, calls for the 14th Amendment to be reexamined have grown louder. Some have proposed a constitutional amendment, known as the 28th Amendment, to explicitly state that a felony conviction would disqualify an individual from holding public office.
**• **The 28th Amendment Proposal**:**
“States may disqualify public officials who have been convicted of a felony and subsequently released from prison or civil confinement from holding public office.”
**• **What does this mean?**
If passed, the 28th Amendment would formally establish a clear connection between felony convictions and public office disqualification. This proposal would eliminate any ambiguity or interpretation challenges surrounding the 14th Amendment.
Recent Court Decisions and the 14th Amendment
Recent court decisions offer some insight into how the 14th Amendment could be applied in the case of a felony conviction for a former president. The most relevant case is _U.S. v. Harris_ (1840), which dealt with post-Civil War-era challenges to the 14th Amendment.
**• **U.S. v. Harris** (1840):**
In this landmark case, the Supreme Court ruled that the 14th Amendment was intended to apply to individuals who had actively taken part in the rebellion and not simply those who may have sympathized with or supported the Confederacy. The court established a high standard for determining whether an individual had engaged in “insurrection or rebellion.”
In a 2020 report, the Congressional Research Service (CRS) revisited the 14th Amendment in the context of a felony conviction for a former president. The report concluded that:
**• **CRS Report:**
“Based on historical and constitutional analysis, we conclude that the 14th Amendment’s disqualification clause was intended to cover individuals who engaged in disloyal or treasonous activities, rather than general criminal conduct.”
Conclusion
In conclusion, it is unclear whether a felony conviction would automatically disqualify Donald Trump from holding public office. The 14th Amendment’s language regarding “insurrection or rebellion” and “aid or comfort” to enemies of the United States could theoretically apply to a felony conviction, but the connection between the two is not clear-cut.
**• **Key Takeaways:**
* The 14th Amendment’s disqualification clause is open to interpretation
* A felony conviction would not automatically disqualify Trump from holding public office
* The 28th Amendment Proposal would clarify the connection between felony convictions and public office disqualification
* Recent court decisions and Congressional Research Service reports offer some insight into how the 14th Amendment could be applied in the case of a felony conviction for a former president
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Under the 14th Amendment, a person who has engaged in “insurrection or rebellion against the United States” could be disqualified from holding federal office. While a felony conviction does not automatically trigger disqualification, it’s possible that a felony could be considered “aid or comfort” to the “enemies” of the United States, as referred to in the 14th Amendment.
**• The 14th Amendment is not limited to purely political actions.**
For example, a person could be convicted of a felony for engaging in illegal activities or providing support to a group deemed hostile to the United States. In this scenario, a felony conviction might be seen as “aid or comfort” to enemies of the United States, potentially disqualifying that individual from holding federal office.
The 28th Amendment Proposal
As a result of the tumultuous 2020 election and the subsequent January 6th insurrection, calls for the 14th Amendment to be reexamined have grown louder. Some have proposed a constitutional amendment, known as the 28th Amendment, to explicitly state that a felony conviction would disqualify an individual from holding public office.
**• **The 28th Amendment Proposal**:**
“States may disqualify public officials who have been convicted of a felony and subsequently released from prison or civil confinement from holding public office.”
**• **What does this mean?**
If passed, the 28th Amendment would formally establish a clear connection between felony convictions and public office disqualification. This proposal would eliminate any ambiguity or interpretation challenges surrounding the 14th Amendment.
Recent Court Decisions and the 14th Amendment
Recent court decisions offer some insight into how the 14th Amendment could be applied in the case of a felony conviction for a former president. The most relevant case is _U.S. v. Harris_ (1840), which dealt with post-Civil War-era challenges to the 14th Amendment.
**• **U.S. v. Harris** (1840):**
In this landmark case, the Supreme Court ruled that the 14th Amendment was intended to apply to individuals who had actively taken part in the rebellion and not simply those who may have sympathized with or supported the Confederacy. The court established a high standard for determining whether an individual had engaged in “insurrection or rebellion.”
In a 2020 report, the Congressional Research Service (CRS) revisited the 14th Amendment in the context of a felony conviction for a former president. The report concluded that:
**• **CRS Report:**
“Based on historical and constitutional analysis, we conclude that the 14th Amendment’s disqualification clause was intended to cover individuals who engaged in disloyal or treasonous activities, rather than general criminal conduct.”
Conclusion
In conclusion, it is unclear whether a felony conviction would automatically disqualify Donald Trump from holding public office. The 14th Amendment’s language regarding “insurrection or rebellion” and “aid or comfort” to enemies of the United States could theoretically apply to a felony conviction, but the connection between the two is not clear-cut.
**• **Key Takeaways:**
* The 14th Amendment’s disqualification clause is open to interpretation
* A felony conviction would not automatically disqualify Trump from holding public office
* The 28th Amendment Proposal would clarify the connection between felony convictions and public office disqualification
* Recent court decisions and Congressional Research Service reports offer some insight into how the 14th Amendment could be applied in the case of a felony conviction for a former president
