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Trump’s supreme court case hinged on the 14th amendment – what it actually means

A former US president could have been kicked off the ballot in his quest to return to the White House because of a rarely used provision in an amendment created in the aftermath of the civil war.

A lawsuit out of Colorado that sought to oust Donald Trump in his re-election bid went before the US supreme court, which decided Trump could not be removed from seeking office there over the 14th amendment’s third clause.

The clause was intended to ensure that people who participated in the civil war and other acts against the US weren’t allowed to keep or resume holding positions of power in government. In essence, it says that people could not again hold office if they had participated in insurrection or rebellion against the country while they were in office.

Trump’s team argued the clause doesn’t apply to him for a handful of reasons, based on both esoteric readings of the clause itself and on larger questions like what constitutes an insurrection.

The justices sided with Trump, saying states could not try to keep a federal candidate off the ballot because it was beyond their power. The case involved several issues of legal reasoning the justices had to weigh.

Here are the clause’s big questions.

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State …

The first part of the clause essentially says that a person can’t hold office again if they were an officer of the US when they participated in an insurrection. It specifies that it applies broadly – to the presidency, Congress and “any office … under the United States”.

Trump’s team argued, though, that this means he couldn’t hold office again, not that

Read more on theguardian.com