In the year since the Jan. 6 attack on the Capitol, a handful of Democrats, constitutional scholars and pro-democracy advocates have been quietly exploring how a post-Civil War amendment to the Constitution might be used to disqualify former President Trump from holding office again.

Calls for Congress to take steps to strip Trump of his eligibility, which reached a crescendo in the aftermath of the Jan. 6 riot, have since decreased. But those who remain engaged on the issue say discussions about applying Section 3 of the 14th Amendment have been ongoing.

“If anything, the idea has waxed and waned,” said Laurence Tribe, a constitutional expert at Harvard Law School. “I hear it being raised with considerable frequency these days both by media commentators and by members of Congress and their staffs, some of whom have sought my advice on how to implement Section 3.”

An analysis by The Hill found that around a dozen Democratic lawmakers have spoken either publicly or privately over the last year about how Section 3 of the 14th Amendment might apply to those who engaged in insurrection on Jan. 6.

Among those whose offices have spoken recently with Tribe are Rep. Jamie Raskin (D-Md.), who sits on the Jan. 6 House Select Committee; Rep. Jerry Nadler (D-N.Y.), who chairs the powerful House Judiciary Committee; and Rep. Debbie Wasserman Schultz (D-Fla.).

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By Media Bias Fact Check

Media Bias Fact Check was founded by Dave Van Zandt in 2015. Dave is a registered Non-Affiliated voter who values evidence-based reporting.

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