Below is a slightly expanded version of my column in The Hill on the increasingly popular theory that former president Donald Trump is already barred from office under the 14th Amendment. Constitutional urban legends often have an even more immediate appeal and tend to arise out of the desperation of divided times. This 14th Amendment theory is something that good liberals will read to their children at night. Democrats have long pushed this theory about the 14th Amendment as a way of disqualifying not only Trump but also dozens of Republican members of Congress. There is a simpler and more obvious explanation for what occurred on Jan. 6, 2021: A political protest became a political riot, and a constitutional theory became constitutional legend.

Source: Washington Post August 22, 2023 00:07 UTC