The Fourteenth Amendment Fantasy
The Fourteenth Amendment won’t save us from Donald Trump.
Eminent jurists are promising that it will. They argue that language in the Fourteenth Amendment, adopted after the Civil War, should debar the coup-plotting ex-president from appearing on a ballot for any office ever again. Their learning is undisputed. Their conclusions are another story. The project to disqualify Trump from running for president is misguided and dangerous. It won’t work. If it somehow could work, it would create problems worse even than Americans already face. In an ideal world, Trump’s fellow Republicans would handle this matter by repudiating his crimes and rejecting his candidacy for their presidential nomination. Failing that—and it certainly seems as if that hope is failing—opponents of Trump must dig deep and beat him at the polls one more time. There is no cheat code to win this game.
To understand what the legal experts are talking about, you need to imagine yourself back in