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Banning Trump

While historians view the US Constitution's insurrection clause as firmly rooted in the conditions of the post-Civil War era, legal scholars and lawsuits seeking to remove Donald Trump from the ballot in 2024 choose to ignore this context. In their attempt to protect American democracy, they may end up undermining it.

CHICAGO – A new legal effort to prevent Donald Trump from retaking the presidency next year is afoot. Its backers rely on Section Three of the Fourteenth Amendment of the US Constitution, which bars from office anyone who has “engaged in insurrection or rebellion … or given aid or comfort to the enemies” of the United States.

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