Several Senate Democrats have not ruled out trying to prevent former President Donald Trump from holding future office by using a constitutional amendment originally created to keep Confederates from serving in the post-Civil War government.
With an unlikely 67 votes needed to convict Trump in the ongoing Senate impeachment trial, some Democrats have discussed invoking the 14th Amendment of the Constitution to keep Trump from office.
Such legislation would require a simple-majority vote. If Democrats and Republicans vote along party lines in the current 50-50 Senate makeup, Vice President Kamala Harris could cast a tiebreaking vote.
Senate Majority Leader Chuck Schumer, D-N.Y., on Thursday did not rule out the possibility, per Fox News.
"We're first going to finish the impeachment trial and then Democrats will get together and discuss where we go next," Schumer said.
The House impeached Trump for "incitement of insurrection" following the Jan. 6 riot at the U.S. Capitol.
For several weeks, Sen. Tim Kaine, D-Va., has discussed using the 14th Amendment against Trump.
"What Sen. Kaine is talking about is a censure resolution that would also specifically include the elements of the 14th Amendment that lead to disqualification from future office," Sen. Chris Coons, D-Del., said. "That's intriguing to me and something I'm willing to look at. The bottom line here is we have to deliver accountability for the events of Jan. 6."
The 14th Amendment, adopted in 1868, includes a section saying Congress can bar people who "engaged in insurrection or rebellion" against the U.S. from holding office. It was originally meant to prevent former Confederates from serving in the government after the Civil War.
Whether or not such proposed legislation could pass remained uncertain.
Not only would it raise constitutional questions, it would be subject to a 60-vote filibuster. So, 10 Republicans would have to join the cause if all 50 Democrats vote in support.
Several Senate Democrats have said they were committed to leaving the filibuster in place.
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