Who takes an oath of office? Public servants do. That would include federal employees, Representatives, Senators, judges, political appointees, and the President and Vice President of the United States all take an oath of office.
The framers of the United States Constitution decided to include a requirement in the Constitution itself, to take an Oath of Office. Article VI: “The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”
The Oath of Office for Senators and Representatives states: “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.”
The Oath of Office for President states: “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
Which now brings us to the 14th Amendment to the Constitution.
“Section 3: 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, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
That doesn’t sound too hard to understand. Pretty much covers ANY and ALL elected office holder(s) who participated in a coup attempt, insurrection or rebellion, to not be able to hold public office again.
Now, with the brief civics lesson behind us, there have been some law scholars who have stated the Disqualification Clause in the amendment prevents Donald Trump from being on the presidential ballot. In The Atlantic, law scholars J. Michael Luttig and Laurence H. Tribe noted that Trump has already been indicted for several crimes at state and federal levels, including conspiring to overturn the 2020 election results.
New Hampshire’s Secretary of State David Scanlan (R), is now looking into the 14th Amendment, specifically as to whether it gives him the power to keep Trump off the presidential ballot in 2024. He had recently been approached by attorney Bryant “Corky” Messner, who ran for a seat on the United States Senate in 2020, having been endorsed by Trump.
Our first-in-the-nation presidential primary is five months away (!) and Scanlan acknowledged that he has gotten several letters requesting he take action to keep Trump off the ballot, citing the Constitution’s 14th Amendment. Scanlan has stated he will be looking for legal advice on the matter.
We are not alone. A Florida attorney filed a legal challenge two days ago to disqualify Trump citing the Disqualification Clause. Stay tuned New Hampshire, this is not going away any time soon.