Debunking Claims: Alan Dershowitz Explains Why the 14th Amendment Can’t Disqualify Trump

In a recent article for the Daily Caller News Foundation, Alan Dershowitz argues that the 14th Amendment does not disqualify Donald Trump from running for president. Dershowitz points to the specific language of the amendment, which refers to those who “shall have engaged in insurrection or rebellion…or given aid or comfort to the enemies thereof” as being intended to apply to those who served the Confederacy during the Civil War. He also notes that the amendment does not provide any mechanism for determining whether a candidate falls within this disqualification, and that it would be up to Congress to remove such a disability.

In a recent article for the Daily Caller News Foundation, Alan Dershowitz argues that the 14th Amendment does not disqualify Donald Trump from running for president. Dershowitz points to the specific language of the amendment, which refers to those who “shall have engaged in insurrection or rebellion…or given aid or comfort to the enemies thereof” as being intended to apply to those who served the Confederacy during the Civil War. He also notes that the amendment does not provide any mechanism for determining whether a candidate falls within this disqualification, and that it would be up to Congress to remove such a disability.

Dershowitz further argues that interpreting the 14th Amendment as a general provision for disqualifying candidates who some people may believe participated in an insurrection or rebellion would create a “divisive weapon” in our increasingly partisan war. He contends that the Constitution articulated limited qualifications for presidential eligibility, and that the decision of who should be president should be made by the voters.

Dershowitz’s argument is well-reasoned and persuasive. The 14th Amendment was passed in the aftermath of the Civil War, and its language is clearly intended to apply to those who fought against the United States. It is difficult to see how Trump’s actions in connection with the January 6th attack on the Capitol could be construed as meeting this standard.

Of course, there are those who will argue that Trump’s actions were indeed insurrectionist in nature, and that he should be disqualified from holding office. However, Dershowitz is correct to point out that the 14th Amendment does not provide any clear mechanism for determining whether a candidate falls within this disqualification. Ultimately, it would be up to Congress to decide whether to remove such a disability, and it is unlikely that they would do so in Trump’s case.

The Constitution is a living document, and it is up to the courts to interpret its meaning in the context of modern times. However, it is important to strike a balance between ensuring that the Constitution is interpreted in a fair and impartial manner, and preventing it from being used as a weapon to disqualify political opponents. Dershowitz’s argument suggests that the 14th Amendment should not be interpreted in a way that would allow it to be used for the latter purpose.

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