Why 14th Amendment bars Trump from office: A constitutional law scholar explains principle behind Colorado Supreme Court ruling

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Mark A. Graber, University of Maryland

(THE CONVERSATION) In 2024, former President Donald Trump will face some of his greatest challenges: criminal court cases, primary opponents and constitutional challenges to his eligibility to hold the office of president again. The Colorado Supreme Court has pushed that latter piece to the forefront, ruling on Dec. 19, 2023, that Trump cannot appear on Colorado’s 2024 presidential ballot because of his involvement in the Jan. 6, 2021, insurrection.

The reason is the 14th Amendment to the Constitution, ratified in 1868, three years after the Civil War ended. Section 3 of that amendment wrote into the Constitution the principle President Abraham Lincoln set out just three months after the first shots were fired in the Civil War. On July 4, 1861, he spoke to Congress, declaring that “when ballots have fairly, and constitutionally, decided, there can be no successful appeal back to bullets.”

The text of Section 3 of the 14th Amendment states, in full:

“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil...