The intent of the 14th Amendment’s disqualification clause is central to the debate over whether former President Donald Trump’s name should be stricken from GOP primary ballots now that the issue has landed at the steps of the Supreme Court.
Judges and officials across many states around the country are now grappling with language that was written a year after the end of the Civil War. The words “insurrection” and “rebellion” had certain meanings to those who had them added to the Constitution, and a key question for arbiters now is whether the language drafted a century-and-a-half ago should be applied to Trump’s role in the Jan. 6 riot.
As it originally passed the House, the 14th Amendment’s third section was not nearly as broad as the version now being invoked to strike Trump’s name from the ballot. It was narrowly crafted to apply only to those who willingly took part in the Civil War, and it was only meant to deprive former confederates of their right to cast ballots in federal elections. It also had an expiration date.
Former President Donald Trump greets the crowd at a campaign rally, Dec. 16, 2023, in Durham, N.H.
Reba Saldanha/AP
“Sec. 3. Until the 4th day of