10 Feb 2021
Trump can be banned from Public Office using the 14th Amendment, Section 3
in America

This is how the routine impeachment process goes.

  1. Two third of the Senate has to vote to impeach the President otherwise he gets acquitted.
  2. If he is successfully impeached by two-thirds of the Senate then the next vote can be taken to ban him from office for life.

But take a look at this:

14th Amendment. 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, 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.”

As per the 14th Amendment, Section 3 … you don’t need two-thirds of the votes to ban the President if he has engaged in an “insurrection or rebellion”. This is not like Bill Clinton’s impeachment over a sex scandal … but we are actually dealing with an insurrection. Trump was impeached in the House because of the insurrection. That is the main allegation and crime that he is charged for. 

A simple majority is enough
So, doesn’t matter if we cannot get 17 Republicans to convict Trump to ban him from office for life … we can still take a vote in the Senate based upon the 14th Amendment, Section 3. You just need the majority of the votes to ban Trump from public office for life. And you already have a handful of Republican Senators signaling support against Trump. You can easily get victory using this Amendment.

In this scenario, Democrats get an upper hand in removing Trump while Trump would need two-thirds of the votes from each House to acquit him from this. Trump can successfully get banned for life from public office via this Amendment.

Court involvement not required
You don’t need any Court to say that this was an insurrection or not … Courts do not decide the rules of impeachment but it is the Congress who does that. The House has already decided and impeached Trump on the basis of the insurrection … Trump’s impeachment is in process in the Senate based upon the same allegation.

All Democrat Senators should push Pelosi and Schumer to take the vote against Trump to ban him for life from holding any Public Office using the 14th Amendment, Section 3.