Efforts to use the Constitution’s “insurrection' clause to prevent former President Donald Trump from running again for the White House turn to Minnesota on Thursday with oral arguments before the state Supreme Court, a hearing that will unfold as a similar case plays out in Colorado.
WATCH LIVE: Arguments are scheduled to begin at 10 a.m. Thursday. Watch live in the player above. prevent former President Donald Trump from running again
The central argument is the same — that Section Three of the 14th Amendment bars from holding office anyone who previously swore an oath to uphold the Constitution and then "engaged in insurrection" against it. Trump’s lawyers acknowledged in their filings that the question of whether he "is suited to hold the Presidency has been the defining political controversy of our national life" for the last several years. They’ve also argued that while the events of Jan. 6 devolved into a riot, they were not an insurrection in the constitutional sense.
Some of Trump’s main arguments are that Minnesota and federal law don’t allow courts to strike him from the ballot and that the insurrection clause doesn’t apply to presidents, anyway. The relative lack of case law on how to apply the provision means that both sides are having to reach back as far as 150 years to find precedents. Congress passed the 14th Amendment in 1866, a year after the Civil War ended, and it was ratified two years later.
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