Several academics — including members of the conservative Federalist Society — are now arguing that Section 3 of the 14th Amendment prohibits Donald Trump from becoming president. They focus on the language that prohibits anyone who “shall have engaged in insurrection or rebellion…or given aid or comfort to the enemies thereof” from holding “any office.” The amendment provides no mechanism for determining whether a candidate falls within this disqualification, though it says that “Congress may by a vote of two-thirds of each house, remove such disability.” Significantly, the text does not authorize Congress — or any other body or individual — to impose the disqualification in the first place.
Read MoreAlan Dershowitz Commentary: No; The 14th Amendment Can’t Disqualify Trump
