The effort to ban former President Donald Trump from the ballot under the Constitution’s “insurrection clause” turned to distant history on Wednesday, when a law professor testified about how the post-Civil War provision was indeed intended to apply to presidential candidates.
Gerard Magliocca, of Indiana University, said there was scant scholarship on Section Three of the 14th Amendment when he began researching it in late 2020. He testified that he uncovered evidence in 150-year-old court rulings, congressional testimony and presidential executive orders that it applied to presidents and to those who simply encouraged an insurrection rather than physically participated in one.
