Trump is accused of inciting his supporters to storm the Capitol (Reuters)

Washington -

On Thursday, the US Supreme Court will hear arguments and counterarguments in one of the most important election cases in US history.

The central question will be about the Fourteenth Amendment to the US Constitution, which was adopted during the Civil War era in the 1860s, as a basis on which Donald Trump can be banned from holding any government position.

The Supreme Court, which consists of 9 justices, including 3 liberals appointed by Democratic presidents, 6 conservatives appointed by Republican presidents, and 3 of them appointed by Trump himself, will consider a case from the state of Colorado, where the Supreme Court ruled that Trump is not eligible to be on the ballot for the presidential elections in the state. .

It is noteworthy that the American states administer their elections in a decentralized manner, and they determine all their own regulatory rules and procedures. The Colorado primary elections will be held on March 5.

The Colorado State Supreme Court took a decision to disqualify Trump from running in the elections due to his role in the events of January 6, 2021, and what it sees as his support as a rebellion against the American government, and the decision passed by a majority of 4 votes to 3.

The dilemma of the 14th Amendment

This is the first time that the Supreme Court of any US state has found that the Civil War-era disqualification clause, adopted in the 14th Amendment, applies to both the office of the presidency and the actions of a former president. The Supreme Courts in Minnesota and Michigan have rejected similar complaints in recent weeks.

All opinion polls currently indicate that Trump is the clear leader to represent the Republican Party in the upcoming presidential elections, and Trump has won the primary elections in all the states in which they have taken place so far, despite his legal problems that have had little impact on the support of Republican voters so far.

The Colorado Supreme Court has found that the Constitution's Civil War-era insurrection clause disqualifies Donald Trump from holding government office, while other state courts have reached opposite findings.

The Colorado court believes that Trump stood up and was keen on chaos and violence so that thousands of his supporters stormed the US Capitol building on January 6, 2021, in an attempt to stop the certification of his rival Joe Biden’s victory in the 2020 presidential elections.

The text of Constitutional Amendment No. 14, which was approved in 1868, indicates in its third paragraph that “No person may hold a governmental or military position who has previously sworn to respect the Constitution of the State and then subsequently participate in any rebellion or disobedience against it, or provide aid and assistance to its enemies.” ".

Did Trump participate in the insurrection?

There is a deep disagreement among constitutional jurists about whether the events of “January 6” represent a rebellion, and if so, is there a vague clause in the Constitution that prevents Donald Trump from holding political office again?

“Insurrection, if one looks at its definitions, is when a group of people engages together in forcefully resisting the authority of the federal government to achieve a great public goal,” says David Plait, a historian of the American Civil War at Yale University. “And what could be more important than overturning the results of a legitimate election?” ?

He added, "The mob not only engaged in violence, but invaded the US Capitol building, broke down its doors and smashed its windows, resulting in deaths, as well as all kinds of injuries to dozens of innocent people. It is a miracle because there were not more firearms."

On the other hand, Trump's legal team argues that the former president was simply exercising his First Amendment right to question the election results, and did not incite anyone to commit violence.

Trump's team also relies on the fact that the latter did not participate in a rebellion, and that Section Three of the 14th Amendment is not applicable because Trump was not convicted, and that the position of president does not fall within the prohibitions of the 14th Constitutional Amendment.

Legal experts warn of the political aspect, which is the most dangerous, in the Supreme Court’s ruling. While the justices discuss these constitutional questions, there is an equally pressing political question: If the Supreme Court supports the ruling in Colorado and other states, what will that mean for American democracy? What would happen if millions of Americans couldn't cast their ballots for Donald Trump because of a constitutional provision that only a tiny number of voters had ever heard of?

Source: Al Jazeera