Politico, the US news site, said that despite the extensive evidence of former President Donald Trump's involvement in the "bloody" Capitol events in early January, the Senate would vote to acquit him of incitement to revolt, which would mean a missed opportunity to punish him by preventing him. Who can run in the future.

And the site asserts - in an article by Kimberly Weil, a law professor at the University of Baltimore's Law School - that despite this, Democrats still have - if their ultimate goal is to prevent Trump from appearing again on the presidential ballot - an open path in the US Constitution, although it has not been subjected to the legal test. About a century ago.

This relates to the third paragraph of the 14th Amendment of the Constitution, which states that “No person may hold any office, be it civil or military, in the United States or any American state, after he previously took the oath ... to support the country's constitution, and became involved in a revolt. Or an uprising against the constitution itself. "

The site believes that this amendment has received increased attention recently, especially after commentators and leaders considered that it could actually be brought in to prevent Trump from assuming the presidential post in the future, regardless of the outcome of his second trial.

But this matter seems procedurally difficult - according to the site - and if it will succeed, as many believe, then Congress must legally support it in order to pass all the stages of scrutiny it needs - and which it will undoubtedly be able to obtain - if this amendment is invoked against Trump.

The last time this constitutional amendment was relied upon goes back to 1919, when the House of Representatives refused to accept the victory of the Socialist Victor Berger, after he actively opposed the participation of the United States in World War I and was tried and convicted under the Espionage Act, so the House referred his case to a committee Especially for the investigation, I concluded that he was not eligible for membership and refused to appoint him.

new law

Politico asserts that if Trump runs and succeeds in reaching Congress, it is assumed that the democratic majority in both houses (the House of Representatives and the Senate) will adopt the same position and vote to prevent him from taking office, but this scenario does not apply with the possibility that he will run for the presidential elections in 2024, which is in the foreground. The interests of Democrats and many Republicans as well.

In order to update this aspect of the 14th amendment and make it useful in a modern political context, it is likely that Congress will need to pass a new law, especially since the provisions of the constitution - which is surprisingly important - are not self-executing, meaning that in order for an individual to be able to activate the judicial application of the constitution, Congress must be He issued a law giving him a justification to initiate any procedure under the constitutional text.

The site concludes that in theory such a law could give any competing candidate the basis for filing a civil lawsuit, but if Trump, for example, announces that he will run for the presidencies in 2024 and a person files a lawsuit to stop his election campaign under the 14th amendment, the decision on the constitutionality of the legislation will undoubtedly end. Before the US Supreme Court, with unexpected results.