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    2 Charged After Pouring Red Powder Over Case Holding U.S. Constitution

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    Two activists poured the powder over the protective case at the National Archives Museum last month to call attention to climate change, prosecutors said.Two climate activists who dumped red powder over the display case that contains the U.S. Constitution at the National Archives Museum last month were charged on Thursday with destruction of government property, prosecutors said.The activists, Donald Zepeda, 35, of Maryland, and Jackson Green, 27, of Utah, poured the powder over the display case in the rotunda of the building on Feb. 14 as part of a “stunt, which was intended to draw attention to climate change,” the U.S. Attorney’s Office for the District of Columbia said in a statement on Friday.During the episode, which officials said was captured on video by supporters of Mr. Green, the two men also poured red powder over themselves and then stood before the Constitution as they called for solutions to climate change.The Constitution was not damaged, according to the National Archives Museum, which said that the powder was found to be a combination of pigment and cornstarch.“Fortunately, the four pages of the Constitution on display were not at risk for damage by this incident,” said Stephanie Hornbeck, a national preservation program officer.The rotunda was closed after the episode, which cost more than $50,000 to clean up, prosecutors said.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Illinois Hearing Officer, a Former Republican Judge, Says Trump Engaged in Insurrection

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      But the hearing officer said the State Board of Elections should let the courts decide whether Mr. Trump’s conduct disqualified him from the ballot.A former Republican judge appointed to hear arguments on whether to disqualify former President Donald J. Trump from the Illinois primary ballot said on Sunday that he believed Mr. Trump engaged in insurrection by attempting to remain in office after the 2020 election.But the former judge, Clark Erickson, whose nonbinding opinion will be considered by the State Board of Elections on Tuesday, added that he believed the board did not have the authority to disqualify Mr. Trump on those grounds and that the question should instead be left to the courts.The mixed decision was at least a symbolic setback for the former president, who has faced official challenges to his candidacy in 35 states and has been found ineligible for the primaries in Colorado and Maine. Mr. Trump, the leading Republican candidate for president, is still likely to appear on the primary ballots in both of those states as the U.S. Supreme Court considers an appeal of the Colorado ruling.In Illinois, at least five of the eight members of the Board of Elections would have to vote on Tuesday to remove Mr. Trump for him to be struck from the ballot. The appointed board is made up of four Democrats and four Republicans. Their decision can be appealed to the courts before the March 19 primary.The Illinois challenge, like those in other states, is based on a clause of the 14th Amendment of the U.S. Constitution that disqualifies government officials who “engaged in insurrection or rebellion” from holding office.At a hearing on Friday in downtown Chicago, lawyers for residents objecting to Mr. Trump’s candidacy accused the former president of insurrection and played footage from the riot at the U.S. Capitol on Jan. 6, 2021. Lawyers for Mr. Trump denied the allegation and argued that, in any case, the constitutional clause in question did not apply to the presidency. We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      Only Voters Can Truly Disqualify Trump

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      Intense debate has accompanied the decision by the Supreme Court to review the decision by Colorado’s highest court to bar Donald Trump from the state’s primary ballots based on Section 3 of the 14th Amendment — about the precise meaning of the word “insurrection,” the extent of Mr. Trump’s culpability for the events of Jan. 6 and other legal issues.I’m not going to predict how the Supreme Court will rule, or whether its ruling will be persuasive to those with a different view of the law. But there’s a critical philosophical question that lies beneath the legal questions in this case. In a representative democracy, the people are sovereign, and they express their sovereignty through representatives of their choice. If the courts presume to pre-emptively reject the people’s choice, then who is truly sovereign?The question of sovereignty was central to the purpose of the 14th Amendment in the first place. The Civil War — unquestionably an armed insurrection — was fought because of slavery. That was the reason for the war.But its justification was a dispute over sovereignty, whether it resided primarily with the people of the individual states or with the people of the United States, who had established the Constitution.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      Should Trump Be Removed From the Ballot?

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      More from our inbox:Reflections After Claudine Gay’s Resignation at HarvardLegal challenges similar to the one former President Donald J. Trump faces in Colorado are pending in at least 16 additional states. Doug Mills/The New York TimesTo the Editor:Re “Seeing Threat to Democracy, With Trump on Ballot or Not” (front page, Dec. 31):The argument by Republicans like J.D. Vance and Chris Christie and Democrats like Gavin Newsom that removing Donald Trump from the ballot would be anti-democratic and would deprive voters of the right to choose their president is flawed in two respects.First, the 14th Amendment — like the rest of the Constitution — was adopted through a democratic process. It is no more anti-democratic to deny Mr. Trump a place on the ballot because he engaged in insurrection than it is to disqualify a 34-year-old from running for president because of the age requirement.Second, if the Supreme Court chooses not to enforce the 14th Amendment on the premise that voters should be able to make an unfettered decision, it must give voters an opportunity to assess all of the facts for themselves. If the court were to reverse the Colorado decision to keep Mr. Trump off the ballot, a necessary corollary must be an expedited criminal trial on the Jan. 6-related indictment so that voters can be fully informed before deciding whether to vote for Mr. Trump.The polls suggest that the results of this trial could change the votes of a significant number of Mr. Trump’s supporters and could determine the outcome of the election.Randy SpeckWashingtonTo the Editor:“Seeing Threat to Democracy, With Trump on Ballot or Not” leaves out a crucial problem: the glacial pace of the criminal justice system. Whether former President Donald Trump is guilty of insurrection should have already been decided in court. But our justice system is too slow, and too vulnerable to Mr. Trump’s favorite legal strategy, to delay, delay, delay.Since March 2023, Mr. Trump has been charged with 91 felonies in four cases: falsifying business records, mishandling classified documents, and attempting to overturn the 2020 election through an insurrection and by trying to strong-arm Georgia officials. But we haven’t seen Mr. Trump cleared or convicted of these charges, charges filed only years after the fact.With courtroom justice delayed, and mountains of compelling evidence publicly available, it’s no surprise that challenges have been filed in 32 states to consider whether Mr. Trump is guilty of insurrection and thus ineligible to run for president.Deciding Mr. Trump’s guilt or innocence before the next election is still possible. But it will require judicial officials to act faster than may be comfortable or usual. American democracy is at stake, making it imperative that justice not be denied through delay.Tom LevyOakland, Calif.To the Editor:Re “How Justices May Weigh Trump Case,” by Adam Liptak (news analysis, front page, Dec. 30):In 2000, I wrote a statement eventually signed by 673 law professors (and run as a full-page ad in The Times) denouncing the Bush v. Gore justices for acting as “political partisans, not judges of a court of law.” Will they do so again?The Republican-appointed justices can escape partisanship by rejecting the feeble arguments against removing Donald Trump from the ballot.First, the 14th Amendment plainly applies to the presidency. Who can take seriously the notion that the amendment’s authors wanted to prevent insurrectionists from running for dogcatcher but not the most powerful office in the land?Second, Jan. 6 was obviously an insurrection — a violent attempt to overturn an election and prevent a lawfully elected president from taking office.Finally, those who argue “let the voters decide” ignore that it was precisely the point of the constitutional provision to prevent voters from deciding to put insurrectionists back into power.Anti-democratic? In a way. Those who wrote Section 3 of the 14th Amendment recognized that American democracy remained at risk from those who had once tried to overthrow our government. When it came to insurrection, their view was: “One strike, you’re out.”We face the very same risks today. An insurrectionist wants another shot at dictatorship. The Constitution says no way.Mitchell ZimmermanPalo Alto, Calif.To the Editor:Re “In Trump Case, Voters’ Will vs. Rule of Law,” by Charlie Savage (news analysis, Dec. 23):Mr. Savage considers the argument that removing Donald Trump’s name from the ballot based on the 14th Amendment would deprive voters of the right to pick their leaders, and he sees a clash between voters’ rights and the principle that no one is above the law.But there is no such conflict here. We must of course respect voters’ rights, if our democracy is to endure. Which is all the more reason to enforce the 14th Amendment and keep Mr. Trump off the ballot.He was already rejected by the voters in 2020, and he refused to accept their decision. He refused to honor his constitutional duty to enable the peaceful transfer of power. He attempted to deprive millions of voters of their right to have their votes counted. One purpose of Section 3 of the 14th Amendment is to prevent such people from repeating such a travesty.Let us also dispense with the argument that we should keep Mr. Trump on the ballot to avoid social unrest. The coming election — assuming a rematch between President Biden and Mr. Trump — will be fraught with problems, no matter the outcome.If Mr. Trump wins, he will keep his promises to destroy many of our democratic institutions; if he loses, he will not accept his defeat, and we will see a replay of 2020, and possibly of Jan. 6, 2021.The consequences of enforcing the law might be dire, but the consequences of not enforcing it might be worse.Larry HohmSeattleReflections After Claudine Gay’s Resignation at Harvard Adam Glanzman for The New York TimesTo the Editor:Re “What Happened at Harvard Is Bigger Than Me,” by Claudine Gay, the former president of Harvard (Opinion guest essay, Jan. 4):I applaud Dr. Gay’s guest essay. She emphasizes how her position as a Black woman in a position of power partly explains the venom with which she has been attacked. The press, including The New York Times, should be drawing greater attention to the rampant misogyny unleashed in these attacks on leading women in academia.Susan Laird ModyPlattsburgh, N.Y.The writer is emerita associate professor of education and gender and women’s studies at SUNY Plattsburgh.To the Editor:Claudine Gay wraps herself in Harvard’s toga of integrity. It simply won’t work, not for herself nor for Harvard. Plagiarism allegations are serious, especially for an academic researcher — or for a president of a leading academic institution. The best she can do now is to leave gracefully, without excuses or explanations.Mark CastelinoNewarkThe writer is an associate professor of finance at Rutgers Business School.To the Editor:As a Harvard alumnus, I for one am sorry to see Claudine Gay go. Not because she was a perfect president. But because she demonstrated several qualities often lacking in public figures today: kindness, humility and a commitment to growth.I also don’t understand people who say she wasn’t “qualified” because she didn’t have a voluminous research record. The presidency of Harvard is not a Nobel Prize. It’s an administrative role, and Dr. Gay was an accomplished university administrator. We should consider the agendas of those who suggest otherwise.Bernie ZipprichNew York More

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      The Case for Disqualifying Trump Is Strong

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      It’s been just over two weeks since the Colorado Supreme Court ruled that Section 3 of the 14th Amendment disqualifies Donald Trump from holding the office of president of the United States. It stayed the effect of that ruling until this week. Pending further action from the Supreme Court of the United States — which Trump asked on Wednesday to overturn the ruling — the former president is off the Republican primary ballot in Colorado.I spent way too much of my holiday vacation reading the legal and political commentary around the decision, and as I did so I found myself experiencing déjà vu. Since the rise of Trump, he and his movement have transgressed constitutional, legal and moral boundaries at will and then, when Americans attempt to impose consequences for those transgressions, Trump’s defenders and critics alike caution that the consequences will be “dangerous” or “destabilizing.”There is already a “surge in violent threats” against the justices of the Colorado Supreme Court. The Yale Law School professor Samuel Moyn has argued that “rejecting Mr. Trump’s candidacy could well invite a repeat of the kind of violence that led to the prohibition on insurrectionists in public life in the first place.” Ian Bassin, a Protect Democracy co-founder, has suggested — and I agree — that even legal analysis of the 14th Amendment “is being colored by the analyst’s fear of how Trump and his supporters would react” to an adverse ruling.This is where we are, and have now been for years: The Trump movement commits threats, violence and lies. And then it tries to escape accountability for those acts through more threats, more violence and more lies. At the heart of the “but the consequences” argument against disqualification is a confession that if we hold Trump accountable for his fomenting violence on Jan. 6, he might foment additional violence now.Enough. It’s time to apply the plain language of the Constitution to Trump’s actions and remove him from the ballot — without fear of the consequences. Republics are not maintained by cowardice.To understand the necessity of removing Trump, let’s go first to the relevant language from the 14th Amendment and then to some basic rules of legal interpretation. Here’s the language:“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”You don’t have to be a lawyer to comprehend those words. You simply need some basic familiarity with American civics, the English language and a couple of common-sense rules of thumb. First, when interpreting the Constitution, text is king. If the text is clear enough, there is no need for historical analysis. You don’t need to know a special “legal” version of the English language. Just apply the words on the page.Second, it’s crucial to understand that many of the Constitution’s provisions are intentionally antidemocratic. The American republic is a democracy with guardrails. The Bill of Rights, for example, is a check on majoritarian tyranny. The American people can’t vote away your rights to speak, to exercise your religion or to due process. The Civil War Amendments, including the 14th Amendment, further expanded constitutional protections against majoritarian encroachment. Majorities can’t reimpose slavery, for example, nor can they take away your right to equal protection under the law.So when a person critiques Section 3 as “undemocratic” or “undermining democracy,” your answer should be simple: Yes, it is undemocratic, exactly as it was intended to be. The amendments’ authors were worried that voters would send former Confederates right back into public office. If they had believed that the American electorate was wise enough not to vote for insurrectionists, they never would have drafted Section 3.Moreover, you’ll note that the plain text of the amendment doesn’t require a court conviction for insurrection or rebellion. Again, this is intentional. The 14th Amendment originally applied to countless Confederate soldiers and continued to apply to them even after they were pardoned by President Andrew Johnson in 1868. It was not until the Amnesty Act of 1872 that most former Confederates were permitted to serve in office again.Which brings us to Donald Trump, who is currently facing a host of federal and state criminal charges related to his plot to overturn a lawful election and retain power illegitimately. He wasn’t merely involved in legal subterfuge, including by pressuring public officials to alter vote totals. He summoned the mob, told them to march to the Capitol and enlisted them to “fight like hell.” (At the same event, Rudy Giuliani urged “trial by combat.”) When the attack on the Capitol was underway, he inflamed the crowd in real time by tweeting that “Mike Pence didn’t have the courage to do what should have been done.”Yes, he also asked to the crowd to protest “peacefully and patriotically.” But as the Colorado Supreme Court affirmed, this “isolated reference” does not “inoculate” Trump, given “his exhortation, made nearly an hour later, to ‘fight like hell’ immediately before sending rallygoers to the Capitol.”What do you call the effort to overthrow a lawfully elected government through a combination of violence and legal subterfuge? In its ruling, the Colorado Supreme Court reviewed a variety of colloquial and legal definitions of insurrection and reached a common-sense conclusion “that any definition of ‘insurrection’ for purposes of Section 3 would encompass a concerted and public use of force or threat of force by a group of people to hinder or prevent the U.S. government from taking the actions necessary to accomplish a peaceful transfer of power in this country.”I have respect for those who argue that Jan. 6 was merely a riot and not a true “insurrection or rebellion,” but the clear and undisputed aims of the Trump scheme are what elevate his misconduct to rebellious status. The effort to steal the election wasn’t a mere protest. It represented an effort to change the government of the United States. I was open to Jonathan Chait’s argument that the term “insurrection” is not the “most precise” way to describe Jan. 6, but he lost me with this distinction: “Trump was not trying to seize and hold the Capitol nor declare a breakaway republic.”It’s true that Trump wasn’t declaring a breakaway republic, but he was attempting to “seize and hold” far more than the Capitol. He was trying to illegally retain control of the executive branch of the government. His foot soldiers didn’t wear gray or deploy cannons, but they did storm the United States Capitol, something the Confederate Army could never accomplish.There are also respectable arguments that the reference to “any office, civil or military, under the United States” does not include the president. As Kurt Lash wrote last month in The Times, “It would be odd to stuff the highest office in the land into a general provision that included everything from postmasters to toll takers.” He calls the text “ambiguous.”But is it, really? As Steven Portnoy wrote in an excellent piece for ABC News, the question of whether the section applied to the president and vice president was raised in the ratification debates, and Senator Lot Morrill of Maine provided the answer: “Let me call the Senator’s attention to the words ‘or hold any office, civil or military, under the United States.’”Remember, when reading the Constitution, words still retain their ordinary meaning, and the president is an officer under the United States by any conventional meaning of the term. In many ways, it would be fantastical to conclude otherwise. Is it really the case that insurrectionists are excluded from every office except the most powerful? One should not read constitutional provisions in a way that reaches facially absurd results.Moreover, it’s important to note that none of the legal analysis I’ve offered above relies on any sort of progressive or liberal constitutional analysis. It’s all text and history, the essence of originalism. In fact, the most influential law review article arguing that Trump is disqualified is by William Baude and Michael Stokes Paulsen, two of the most respected conservative legal minds in the United States.So no, it would not be a stretch for a conservative Supreme Court to apply Section 3 to Trump. Nor is it too much to ask the court to intervene in a presidential contest or to issue decisions that have a profound and destabilizing effect on American politics. In 2000, the Supreme Court effectively decided a presidential election at the finish line, ending Al Gore’s bid in a narrow decision that was criticized by some as partisan in nature.Moreover, in decisions ranging from Brown v. Board of Education to Dobbs v. Jackson Women’s Health Organization, the court has been quite willing to issue sweeping rulings that both inflame dissent and trigger political backlash. Fear of a negative public response cannot and must not cause the Supreme Court to turn its back on the plain text of the Constitution — especially when we are now facing the very crisis the amendment was intended to combat.Indeed, the principal reason the fear of negative backlash is so strong and so widely articulated is the seditious nature of the Trump movement itself. When the Supreme Court ruled against Al Gore, there was no meaningful concern that he’d try to engineer a violent coup. But if the court rules against Trump, the nation will be told to brace for violence. That’s what seditionists do.Republicans are rightly proud of their Civil War-era history. The Party of Lincoln, as it was known, helped save the Union, and it was the Party of Lincoln that passed the 14th Amendment and ratified it in statehouses across the land. The wisdom of the old Republican Party should now save us from the fecklessness and sedition of the new. More

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      Read Trump’s Appeal to the Supreme Court Over Colorado’s Ballot Ruling

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      21

      ator John McCain, and Senator Ted Cruz held that the issue was for Congress and not the federal courts.

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      It would be beyond absurd-particularly in light of the Fourteenth Amendment’s enlargement of federal authority that this issue would be nonjusticiable by

      32. See, e.g., Castro v. N.H. Sec’y of State, Case No. 23-cv-416-JL, 2023 WL 7110390, at *9 (D.N.H. Oct. 27, 2023) (footnote omitted) aff’d on other grounds – F.4th —-, 2023 WL 8078010 (1st Cir. Nov. 21, 2023) (“[T]he vast weight of authority has held that the Constitution commits to Congress and the electors the responsibility of determining matters of presidential candidates’ qualifications.”); Robinson v. Bowen, 567 F. Supp. 2d 1144, 1147 (N.D. Cal. 2008) (“Arguments concerning qualifications or lack thereof can be laid before the voting public before the election and, once the election is over, can be raised as objections as the electoral votes are counted in Congress. The members of the Senate and the House of Representatives are well qualified to adjudicate any objections to ballots for allegedly unqualified candidates.”); Grinols v. Electoral College, No. 2:12-cv-02997-MCE-DAD, 2013 WL 2294885, at *5-7 (E.D. Cal. May 23, 2013) (“[T]he Constitution assigns to Congress, and not to federal courts, the responsibility of determining whether a person is qualified to serve as President of the United States.”); Grinols v. Electoral Coll., No. 12-CV-02997-MCE-DAD, 2013 WL 211135, at *4 (E.D. Cal. Jan. 16, 2013) (“These various articles and amendments of the Constitution make it clear that the Constitution assigns to Congress, and not the Courts, the responsibility of determining whether a person is qualified to serve as President.”); Taitz v. Democrat Party of Mississippi, No. 3:12-CV-280-HTW-LRA, 2015 WL 11017373, at *12–16 (S.D. Miss. Mar. 31, 2015) (“[T]hese matters are entrusted to the care of the United States Congress, not this court.”); Kerchner v. Obama, 669 F. Supp. 2d 477, 483 n.5 (D.N.J. 2009) (“The Constitution commits the selection of the President to the Electoral College in Article II, Section 1, as amended by the Twelfth Amendment and the Twentieth Amendment, Section 3,” and “[n]one of these provisions evince an intention for judicial reviewability of these political choices.”). More

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      The 14th Amendment Disqualification Was Not Meant for Trump

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      Challenges to disqualify Donald Trump from the office of president under Section 3 of the 14th Amendment are popping up all over the country. On Thursday, the secretary of state of Maine ruled that Mr. Trump would be ineligible for the state’s primary ballot, a decision that can be appealed to the state’s Supreme Court. On Wednesday, the Michigan Supreme Court ruled narrowly that the state will allow Mr. Trump to stay on the primary ballot — but left open a potential future challenge to his inclusion on a general-election ballot.But so far only one — the Colorado Supreme Court’s ruling that bars Mr. Trump from the primary ballot — has reached the doorstep of the U.S. Supreme Court.The Supreme Court should take the case and reverse the Colorado Supreme Court ruling, and do so for the very reason cited by the Colorado judges. According to the Colorado court (itself quoting an earlier, unrelated case), Section 3 should be interpreted “in light of the objective sought to be achieved and the mischief to be avoided.”That is exactly right. The Colorado court failed, however, to follow its own advice.When Congress passed the 14th Amendment, there wasn’t a person in the Senate or House who worried about loyal Americans electing a former rebel like Jefferson Davis as president. Instead, Republicans feared that the leaders of the late rebellion would use their local popularity to disrupt Republican Reconstruction policy in Congress or in the states. Section 3 expressly addressed these concerns and did so without denying loyal Americans their right to choose a president.To date, much of the debate over Section 3 has focused on whether the president is an “officer” who takes an “oath.” This is an issue in the second part of the provision. What neither scholars nor courts have yet focused on is first part of Section 3. The threshold issue is whether the framers and ratifiers thought that the president holds a “civil” office “under the United States.” This is a much more specific and historically difficult question.Here are the key opening words of Section 3: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State …”The text begins by expressly naming offices that rebel leaders might conceivably secure for themselves on the basis of their local popularity. The greatest fear was that these rebels would return to Congress and join Northern Democrats in thwarting Republican Reconstruction policy.As Representative Thaddeus Stevens warned his colleagues, without a properly worded Section 3, “that side of the House will be filled with yelling secessionists and hissing copperheads” — a reference to Northern Democrats who had opposed the Civil War. It was possible that a coalition of Southern and Northern Democratic presidential electors would nominate a “hissing copperhead.”Congressional Republicans were so concerned about mischief in the Electoral College that they delayed the passage of the 14th Amendment in order to make sure the issue was properly addressed. The Joint Committee’s draft of Section 3 prohibited rebels from voting for presidential electors, but this left open an enormous loophole. As Representative John Longyear pointed out, this prohibition would be “easily evaded by appointing electors of President and Vice President through their legislatures.”Senator Jacob Howard agreed that Section 3 would not “prevent state legislatures from choosing rebels as presidential electors,” and he led the effort to rewrite Section 3 in a manner that closed the loophole. The result is the final version that prohibits leading rebels from serving as presidential electors, whether elected or appointed.The only reason to secure a trustworthy Electoral College is in order to secure a trustworthy president. So Section 3 focuses on state-level decision making. It expressly addresses three key positions where leading rebels might use their remaining popularity to disrupt Republican Reconstruction: the Senate, the House of Representatives and state-selected presidential electors.Radical Republicans like Thaddeus Stevens would have gone further and completely disenfranchised anyone who had participated in the rebellion, leader or not. Moderate Republicans, however, were more optimistic. As Senator Daniel Clark noted, once leading rebels were removed, “those who have moved in humble spheres [would] return to their loyalty and to the Government.”The strategy worked. In 1868, despite the scattered participation of former rebel soldiers as presidential electors, Southern Black voters helped elect the Republican Ulysses S. Grant over the Democrat Horatio Seymour.It is possible to read Section 3 as impliedly including the office of president as one of the “civil” offices “under the United States” covered by the general catchall provision. It would be odd to stuff the highest office in the land into a general provision that included everything from postmasters to toll takers, but the text is ambiguous enough to make this a possible reading.However, if the framers meant the catchall provision to include both presidents and postmasters, they were remarkably negligent. According to longstanding congressional precedent and legal authority, the phrase “civil office under the United States” did not include the office of president of the United States. As Joseph Story explained in his influential “Commentaries on the Constitution of the United States,” the congressional precedent known as “Blount’s Case” established that the offices of president, senator and representative were not civil offices under the government of the United States — they were the government of the United States. The phrase “civil office under the United States” referred to appointed offices.In addition to legal authority, there is also common sense to guide us. The text of Section 3 is structured in a manner that moves from high federal office to low state office, and the apex federal political offices are expressly named. As the former Attorney General Reverdy Johnson explained, “the specific exclusion in the case of Senators and Representatives” led him to initially presume that the framers excluded the office of president. Johnson accepted a colleague’s suggestion to the contrary, but if the text created such a presumption in the mind of a former attorney general, it is reasonable to think it may have created the same presumption in the minds of ratifiers.Actually, we have no idea whether the ratifiers shared Johnson’s initial presumption. This is because no one has discovered a single example of any ratifier discussing whether Section 3 included the office of president of the United States. Despite extraordinary efforts by researchers, no one has yet found evidence that any ratifier even considered the possibility that Section 3 abridged the people’s right to choose their president.The silence of the ratifiers on this point is important. Those favoring the disqualification of Mr. Trump insist that there is nothing “anti-democratic” about constraining the presidential choices of the national electorate. The Constitution, after all, contains a number of provisions that deny the people the right to elect whomever they wish. Article II, Section One, for example, prevents the people from electing anyone who is under age 35 or who is a foreign-born candidate.Those qualifications are expressly declared in the text and they received robust vetting and debate in the ratifying conventions. In the case of Section 3, the Supreme Court is being asked to impose new constraints on the democratic process by way of textual implication and in the absence of any public debate whatsoever.Such a reading is neither democratically appropriate nor textually necessary. And it was most certainly not “the objective sought to be achieved [or] the mischief to be avoided” by Section 3.At best, the text of Section 3 is ambiguous regarding the office of president. The Supreme Court should limit the clause to its historically verifiable meaning and scope.Let the people make their own decision about Donald Trump.Kurt Lash, a professor at the University of Richmond School of Law, is the author of, most recently, “The Reconstruction Amendments: Essential Documents” and the forthcoming “A Troubled Birth of Freedom: The Struggle to Amend the Constitution in the Aftermath of the Civil War.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow the New York Times Opinion section on Facebook, Instagram, TikTok, X and Threads. More

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      Maine Bars Trump From 2024 Primary Ballot, Joining Colorado

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      In a written decision, Maine’s secretary of state said that Donald J. Trump did not qualify for the ballot because of his role in the Jan. 6, 2021, attack on the U.S. Capitol.Maine’s top election official on Thursday barred Donald J. Trump from the state’s primary election ballot, the second state to block the former president’s bid for re-election based on claims that his efforts to remain in power after the 2020 election rendered him ineligible.In a written decision, the official, Secretary of State Shenna Bellows, said that Mr. Trump did not qualify for the ballot because of his role in the Jan. 6 attack on the U.S. Capitol, agreeing with a handful of citizens who claimed that he had incited an insurrection and was thus barred from seeking the presidency again under the 14th Amendment of the Constitution.“I am mindful that no secretary of state has ever deprived a presidential candidate of ballot access based on Section 3 of the 14th Amendment. I am also mindful, however, that no presidential candidate has ever before engaged in insurrection.,” Ms. Bellows, a Democrat, wrote.Last week, Colorado’s Supreme Court ruled in a 4 to 3 decision that the former president should not be allowed to appear on that state’s Republican primary ballot.The decision in Maine underscores the ongoing tensions in the United States over democracy, ballot access and the rule of law. It also adds urgency to calls for the U.S. Supreme Court to insert itself into the politically explosive dispute over his eligibility.Just weeks before the first votes in the 2024 election are set to be cast, lawyers on both sides are asking the nation’s top court to provide guidance on an obscure constitutional amendment enacted after the Civil War, which is at the heart of the effort to block Mr. Trump from making a third White House run.Courts in two other states, Minnesota and Michigan, have ruled that election officials cannot prevent the Republican Party from including Mr. Trump on their primary ballots.Michigan’s Supreme Court concluded on Wednesday that an appeals court had properly decided that political parties should be able to determine which candidates are eligible to run for president.Another court decision is expected in Oregon, where the same group that filed the Michigan lawsuit is also seeking to have the courts remove Mr. Trump from the ballot there, though Oregon’s secretary of state declined to remove him in response to an earlier challenge.And in California, the state’s top election official was expected to announce whether Mr. Trump would remain among the candidates certified for the March 5 primary.Secretary of State Shirley Weber, a Democrat, faced a Thursday deadline to certify the list of official candidates so that local election officials could begin preparing ballots for the upcoming election. She has indicated in recent days that she is inclined to keep Mr. Trump on the ballot, despite a request from the lieutenant governor to explore ways to remove him.The legal cases are based on a Reconstruction Era constitutional amendment that was intended to bar Confederate officials from serving in the U.S. government. The provision, Section 3 of the 14th Amendment, disqualifies people who “engaged in insurrection or rebellion” from holding office.Over the years, the courts and Congress have done little to clarify how that criterion can be met. As the legal challenges mount, election officials and judges across the country find themselves in largely uncharted waters as they wait for the Supreme Court to provide guidance.The case would be the most politically momentous matter before the Supreme Court since it settled the disputed 2000 election in favor of President George W. Bush. Since then, the court has become far more conservative, in large part as a result of the three justices whom Mr. Trump appointed as president.Mr. Trump and his lawyers have called the efforts to bar him from ballots an underhanded tactic by Democrats who fear facing him at the polls.Steven Cheung, a spokesman for the Trump campaign, assailed Maine’s secretary of state as “a virulent leftist and hyperpartisan Biden-supporting Democrat.” In a statement, he added: “Make no mistake, these partisan election interference efforts are a hostile assault on American democracy.”Groups leading the disqualification efforts contend that the former president’s attempts to subvert the will of voters in 2020 warrant extraordinary measures to protect American democracy.Ms. Bellows, the official in Maine charged with considering the petition in that state, is the state’s first female secretary of state and a former state senator. She is also the former executive director of the nonprofit Holocaust and Human Rights Center of Maine and of the American Civil Liberties Union of Maine.In her 34-page decision, Ms. Bellows wrote that Mr. Trump’s petition to appear on the Maine ballot was invalid because he falsely declared on his candidate consent form that he was qualified to hold the office of president. She found that he was not, she wrote, because “the record establishes that Mr. Trump, over the course of several months and culminating on Jan. 6, 2021, used a false narrative of election fraud to inflame his supporters and direct them” to prevent the peaceful transfer of power.She also concluded that Mr. Trump “was aware of the likelihood for violence and at least initially supported its use given he both encouraged it with incendiary rhetoric and took no timely action to stop it.”Legal experts say the scope of a Supreme Court decision on the issue would determine if these challenges will be quickly handled or play out for months.A ruling that Mr. Trump’s conduct cannot be construed as a violation of the 14th Amendment would effectively shut down challenges pending in several states. A narrower ruling on the Colorado case could allow Mr. Trump to remain on the state’s primary ballot, while giving lawyers challenging his eligibility a chance to argue that he should be kept off the general election ballot.The petitioners in Maine included Ethan Strimling, a former mayor of Portland and Democratic state legislator who filed a challenge along with two other former Maine lawmakers.“Secretary Bellows showed great courage in her ruling, and we look forward to helping her defend her judicious and correct decision in court,” they said in a statement on Thursday. “No elected official is above the law or our constitution, and today’s ruling reaffirms this most important of American principles.”Mr. Trump can appeal Ms. Bellows’s decision to Maine’s Superior Court within five days. Her order will not go into effect until the court rules on an appeal, which the Trump campaign says it intends to file soon. The Republican primaries in Maine and Colorado are both scheduled for March 5, known as Super Tuesday because so many states hold primaries that day.The challenges to Mr. Trump’s ballot access have been brought in more than 30 states in recent weeks, largely through the courts. But because of a quirk in Maine’s Constitution, registered voters there must first file a petition with the secretary of state.Ms. Bellows heard arguments on three such petitions on Dec. 15.After the Colorado decision, lawyers for Mr. Trump argued in new Maine filings that the Colorado ruling should be irrelevant there because the two states had different laws and standards, and because Mr. Trump did not have a fair opportunity to litigate the facts in Colorado. They also maintained that the secretary of state lacked the authority to exclude him from the ballot.“The constitution reserves exclusively to the Electoral College and Congress the power to determine whether a person may serve as president,” they argued in the filing late last week.Richard L. Hasen, a law professor at the University of California, Los Angeles, and an election law expert, said the Maine decision illustrated the power of the Colorado court ruling to ease the way for similar decisions.“It takes a lot of courage to disqualify a major candidate, but once the Colorado court did it, and thrust the issue into public light, it became easier for others,” he said.Given the “incredible complexity” of the legal questions involved, said Mr. Hasen, the U.S. Supreme Court is best equipped to resolve the issues. If the court opts not to disqualify Mr. Trump, its decision would not be binding for Congress, but it would make it “politically very difficult for Congress to say something different,” he said.In California, where the secretary of state is certifying an approved list of candidates, Democrats have overwhelming control of government, so the state might seem like a likely venue for a ballot challenge similar to the one that was successful in Colorado.But legal experts said that California, unlike many other states, does not explicitly give its secretary of state the authority to disqualify presidential candidates.Nonetheless, Lt. Gov. Eleni Kounalakis, a Democrat, asked Ms. Weber last week to “explore every legal option” to remove Mr. Trump from the ballot using the same constitutional justification cited by the Colorado Supreme Court.In response, Ms. Weber suggested last week that she planned to leave the question up to state and federal courts, which have already dismissed at least two lawsuits in the state challenging Mr. Trump’s qualifications. Ms. Weber wrote that she was obligated to address ballot eligibility questions “within legal parameters” and “in a way that transcends political divisions.”Gov. Gavin Newsom of California indicated last week that he did not believe officials in his state should remove Mr. Trump from the ballot. “There is no doubt that Donald Trump is a threat to our liberties and even to our democracy, but in California we defeat candidates we don’t like at the polls,” he said in a statement. “Everything else is a political distraction.”Nicholas Bogel-Burroughs More

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      Principles at Stake in Push to Disqualify Trump: Will of Voters and Rule of Law

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      If the Colorado Supreme Court is right that the former president is constitutionally ineligible to run for president, fundamental values are in severe tension.The Colorado Supreme Court’s ruling that Donald J. Trump is constitutionally ineligible to run for president again pits one fundamental value against another: giving voters in a democracy the right to pick their leaders versus ensuring that no one is above the law.Mr. Trump’s status as the Republican front-runner for the presidential nomination, despite his role in the events that culminated in the attack on the Capitol on Jan. 6, 2021, has created severe tensions between those two principles. If the court’s legal reasoning is correct, obeying the rule of law produces an antidemocratic result.That constitutional and political dilemma is likely to land before the U.S. Supreme Court. And while Mr. Trump’s name would stay on the primary ballot as the justices weighed the matter, their decision would have consequences far beyond his opportunity to win Colorado’s 10 Electoral College votes.For one, similar legal challenges to Mr. Trump’s eligibility are pending in at least 16 additional states. Moreover, the precedent the case will set could open or shut the door to the risk that partisans will routinely turn to state courts to try to keep major federal candidates off the ballot.Supreme Court justices have life tenure in the hope that their work will be independent of political influence, and, under the principle of the rule of law, it would be illegitimate for them to torque their interpretation of the Constitution with an eye toward political consequences. Under the rule of law, the Constitution and federal statutes apply equally to everybody, and no one’s power, wealth, political influence or other special status puts him or her above the law.But under the principle of democracy, the government’s legitimacy stems from the fact that voters decided whom to put in charge. The prospect of unelected judges denying voters the opportunity to make their own decision about Mr. Trump’s political future has given pause even to some of his critics who fervently hope Americans will reject him at the ballot box.Stephen I. Vladeck, a law professor at the University of Texas at Austin, said that even if one thinks that Mr. Trump’s actions rendered him unfit for office in line with the 14th Amendment, there are other — and less alarmingly novel — systems that could have addressed that problem before it reached the courts. These would have freed the Republican Party to have a starkly different primary contest, he said.“The problem is that we’re just not set up for this — we’ve run through the safety nets,” Mr. Vladeck said. “We’ve been spared from this problem in the few prior episodes where it could have arisen by different sets of constraints. And so now we’re in this position because those backstops have failed.”Had nine more Republican senators voted to convict Mr. Trump at his Jan. 6 impeachment trial, he would be ineligible to hold future office anyway, said Mr. Vladeck, who wrote a column about the complications of the Colorado court’s ruling titled “The Law and High Politics of Disqualifying President Trump.” And if more Republican voters were repelled by Mr. Trump’s attempt to secure an unelected second term, his political career would be over as a practical matter.The legal dispute turns on a clause of the 14th Amendment, which was added to the Constitution after the Civil War. Its third section says that people who betrayed their government oaths by engaging in an insurrection are ineligible to hold office. Citing Mr. Trump’s actions surrounding the Jan. 6. riot, the Colorado Supreme Court ruled on Tuesday that he was an oath-breaking insurrectionist whose name could not lawfully appear on the ballot.Colorado’s Supreme Court ruled on Tuesday that the former president was disqualified from holding office again.Stephen Speranza for The New York Times“If the language is clear and unambiguous, then we enforce it as written,” a four-justice majority wrote.But even if a majority of justices on the U.S. Supreme Court privately agree that the disqualification clause, by its plain text, seems clearly to bar Mr. Trump from returning to government power, it will not be surprising if they hesitate at the prospect of issuing a ruling affirming the Colorado court’s decision.If the justices want to overturn the Colorado ruling, they will have numerous potential offramps. Mr. Trump’s lawyers will have technical arguments, like whether the clause in question has legal force by itself or whether Congress would first need to enact a statute for it take effect. His lawyers will also have substantive arguments, like denying that the mob violence of Jan. 6 rose to the level of an “insurrection” in the constitutional sense.The dilemma invites comparisons to the Supreme Court’s intervention in the 2000 election, which overruled Florida’s Supreme Court and ensured that George W. Bush would maintain his narrow lead over Al Gore in that state to win its Electoral College votes and become the next president.A similarity is the risk of the appearance of partisanship. In the Bush v. Gore case, the five most conservative justices ensured that the Republican candidate would prevail. Today, the U.S. Supreme Court is controlled by a supermajority of six Republican appointees, so a decision to overturn the Colorado ruling and help Mr. Trump could also carry partisan overtones.A difference is the implications for democracy. The Florida Supreme Court in 2000 was not itself deciding the fate of the candidates but trying to allow the completion of a recount that would have clarified the will of voters. If the Supreme Court now overturns the Colorado ruling, it will be leaning in the direction of letting voters decide about Mr. Trump; upholding the state court’s ruling would be the opposite.There has always been inherent tension in the American governing system because the Constitution sets certain limits on democracy. For one, most decisions are made by elected representatives, not directly by plebiscites and referendums.The current dilemma invites comparisons to the Supreme Court’s intervention in the 2000 election.Mark Wilson/Newsmakers, via Getty ImagesThe structures of the Senate and the Electoral College system undercut the democratic principle that everyone has an equal say by giving disproportionate power to voters in sparsely populated states — including sometimes enabling the loser of the national popular vote, like Mr. Bush in 2000 and Mr. Trump in 2016, to nevertheless become president.Not everyone who lives in the United States is allowed to vote for government leaders. Noncitizen permanent residents, people under 18 and convicted felons in some states may not participate in elections — all of which conflicts with the principle that the legitimacy of the government stems from the consent of the governed about who will be in charge.Other requirements restrict who is eligible to hold office. The 22nd Amendment bars anyone from being elected president a third time, even if voters want to keep that person in place. It was added after President Franklin D. Roosevelt violated the constitutional norm of retiring after two terms, which President George Washington had established.The Constitution sets age limits: One must be at least 25 years old to be a member of the House, 30 to be a senator and 35 to be president, even if voters would prefer someone who happens to be younger. And the Constitution dictates that to be eligible to be president, a person must be a natural-born citizen. The antidemocratic nature of that rule drew some attention when the actor Arnold Schwarzenegger, a naturalized citizen who was born in Austria, was elected governor of California. He could never run for president, no matter how popular he was with voters.The issue of citizenship at birth has also been the subject of political attention. When Senator John McCain ran as the Republican presidential nominee in 2008, there were questions at the fringes about whether he was eligible because he had been born in the Panama Canal Zone, although to American parents.Mr. Trump’s rise to national political prominence was fueled by his lie that President Barack Obama, who was born in Hawaii, might have been born in Kenya. And in the 2016 Republican primary, Mr. Trump attacked a rival, Senator Ted Cruz of Texas, over his birth in Canada, similarly seeking to raise doubts about his eligibility for the presidency.But, despite Mr. Trump’s own history of questioning the eligibility of his political adversaries for president, his legal disqualification would risk undermining democratic legitimacy in a society where extreme polarization and partisanship are already raw.The moment calls to mind an ambiguous legal phrase that is often invoked as a rallying cry for courageously following the law but, as Mr. Vladeck pointed out, also carries a grim warning: “Let justice be done though the heavens fall.” More