Donald Trump’s path to a potential presidency faces a critical challenge: the 14th Amendment to the U.

This clause, originally designed to prevent former Confederates from returning to power after the Civil War, prohibits anyone who has engaged in insurrection or rebellion against the Constitution from holding public office. While the amendment doesn’t explicitly mention the presidency, constitutional scholars agree that the term “office” applies to the highest role in the nation.

The controversy centers on Trump’s alleged role in inciting the January 6, 2021, Capitol riot. Following the incident, multiple investigations—including his second impeachment trial, a Colorado court hearing, and a bipartisan House Select Committee inquiry—concluded that Trump’s actions constituted insurrection.

A recent Supreme Court decision in Trump v. Anderson ruled that states cannot independently enforce Section 3 against federal candidates. However, this ruling doesn’t entirely shield Trump, as Congress still retains the authority to reject electoral votes on grounds of 14th Amendment disqualification.

As debates over Trump’s eligibility continue, the intersection of constitutional law and political strategy makes this a case that could redefine the future of American democracy.