15min explains: can Trump be banned from seeking political positions in the US in the future?



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Absolutely all the Democrats and ten Republicans who walked away from their president and were dismayed by his actions in inciting a riot on Capitol Hill voted in the House of Representatives in favor of the impeachment of Trump.

“The president of the United States called this crowd together, gathered this crowd, and led this attack.” The president has never betrayed his institution and his oath to the Constitution in this way, “said Liz Cheney, the third ranked Republican in The House of Representatives.

The Senate has yet to hold an impeachment trial, and probably after Jan. 20, when Democrat Joe Biden takes office.

AFP /

AFP / “Scanpix” nuotr./Joe Bidenas

By the way, Mitch McConnell, the soon-to-be minority Republican Senate Majority Leader, isn’t just privately saying he can vote for Trump’s impeachments – the president hasn’t spoken to this right-wing American veteran for some time, as McConnell publicly acknowledged Biden’s election victory. .

However, the mere possibility of Trump being convicted will not prevent him from running for office again in the future. Another vote is needed.

How exactly is the impeachment process of the president of the United States going?

Once the House of Representatives approves the indictment, a case is opened for consideration in the Senate, the upper house of Congress. The removal of the president requires the approval of two-thirds of the senators.

In other words, impeaching Trump requires the support of at least 17 Republicans for Democrats, who will no doubt vote unanimously. It won’t be easy to collect such a number: Trump’s opinion is still important to right-wing voters, so senators may be scared about his future prospects.

VIDEO: Blood spills in Trump riots in America: at least 4 people die on Capitol Hill


During the first impeachment process, the Senate has already voted charges against Trump, who pressured Ukraine to launch an investigation into Biden and his son Hunter. Then, of the Republicans, only Mitt Romney voted for the articles of impeachment.

It is true that this generation may be different. As mentioned, McConnell has doubts and admitted Wednesday that he is undecided. Other Republicans are angry, although many believe that Trump will leave the White House soon, on January 20, and who is blamed?

AFP /

AFP / “Scanpix” nuotr./Mitchas McConnellas

However, Democrats seem to look even further and would like senators to not only accept the allegations against Trump and remove him from office, but also prevent him from seeking political office in the future by a second vote. Republican leaders, who believe the party needs a cleanup, may also be considering it.

Will the condemned Trump automatically stop working in public service?

If we take the past as an indicator, certainly not. Even if the Senate talks about the allegations, members of Congress would have to vote again in favor of a ban on Trump’s future participation in the election and his appointment to the public service generally.

Reuters / Photo by Scanpix / Donald Trump

Reuters / Photo by Scanpix / Donald Trump

In the history of the United States, no president has been convicted in the Senate or removed from office. But the cases of federal judges who have been convicted and expelled are a precedent: The Senate then voted a second time to bar them from holding positions in the federal system at some point in the future.

And when voting a second time, the threshold is not that state: a simple majority of the senators’ votes is enough to pass the ban.

Academics disagree on whether the former president can be tried in the Senate.

On the other hand, because the president has never had such a vote before, it’s possible to face a challenge in court, says Frank Bowman, a law professor at the University of Missouri. He thinks the order is logical, but adds that it is not stupid to think it is going to court.

Another legal problem is that Trump’s impeachment case in the Senate will not start now while he is still in office. Academics disagree on whether the former president can be tried in the Senate.

Is that the only way to get Trump into politics?

Maybe not. In a comment in The Washington Post on Monday, law professors Bruce Ackerman and Gerard Magliocca said there was an even easier way for Congress to decide not to allow Trump to enter politics.

They drew attention to Section 3 of the Fourteenth Amendment to the United States Constitution. It establishes that people who “participated in an uprising or rebellion against the Constitution” cannot hold positions in the federal system.

According to the professor, if a majority in the House and Senate agrees that Trump, who incited the riots, formally “participated in an uprising or rebellion,” he could be barred from running in the next US presidential election in the future. And such a decision could be overturned by just a two-thirds majority in both houses.

The only indictment passed by the House of Representatives on Wednesday cites precisely this section of the 14th Amendment, and also claims that Trump has a blocked path back to politics.

What does Section 3 do in Amendment 14?

The Fourteenth Amendment to the United States Constitution, like two other amendments, appeared in this document after the Civil War of 1861-1865.

The goal of Section 3 is to prevent Confederates (who lost the war) who participated in the “uprising or rebellion” from assuming power in the United States government in the postwar period. In 1872, Congress passed the Amnesty Law and the ban on Confederates was lifted.

But Section 3 of the 14th Amendment has survived to this day. The last time this provision was used was a century ago, when a Wisconsin socialist, who opposed America’s participation in World War I, was barred from his winning seat in Congress.



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