By LaBode Obanor
On January 6, 2025, the U.S. Congress will meet to count the electoral votes for President and Vice President. According to 3 U.S. Code § 15:
“The Senate and House of Representatives shall meet in the Hall of the House of Representatives at the hour of 1 o’clock in the afternoon on that day, and the President of the Senate shall be their presiding officer.”
This session, however, carries constitutional significance beyond merely certifying votes. Members of Congress, who have sworn an oath to uphold the Constitution, must determine whether Donald J. Trump is legally eligible to assume the presidency under the Fourteenth Amendment’s Disqualification Clause.
The Constitutional Duty of Congress
The Fourteenth Amendment, Section 3, states:
“No person shall… hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath… 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.”
This clause prohibits individuals who have engaged in insurrection or rebellion against the United States from holding office, unless Congress removes the disqualification by a two-thirds vote in both chambers.
Point 1: Congress’s Role in Enforcing the Disqualification Clause
Under this constitutional provision, Congress has a clear duty to determine whether Donald Trump, as a former officeholder, is disqualified from assuming the presidency due to alleged insurrection. Multiple courts, including the Colorado Supreme Court, have concluded that Trump violated his oath of office by engaging in insurrection, referencing his actions surrounding the January 6, 2021, Capitol attack.
While the U.S. Supreme Court declined to weigh in on Trump’s eligibility, it affirmed that states, including Colorado, lack authority to enforce the Disqualification Clause for federal offices like the presidency. Instead, the Court held that Congress has exclusive jurisdiction to enforce this constitutional provision.
This places the responsibility squarely on Congress on January 6, 2025, to address Trump’s eligibility before certifying the electoral votes.
Point 2: A Vote Is Required to Remove the Disability
If Congress concludes that Trump is disqualified under the Disqualification Clause, the Constitution mandates a two-thirds vote in both the House and Senate to remove the disqualification. Without such a vote, Trump cannot legally assume office, even if Congress certifies the electoral results.
This procedural requirement underscores Congress’s obligation to uphold the Constitution. Failure to hold this vote would not only violate their oath of office but also undermine the Constitution’s safeguards against insurrectionists holding positions of power.
Why This Matters
Congress’s actions on January 6, 2025, carry profound constitutional and political implications. Certifying the electoral votes without addressing Trump’s eligibility risks setting a dangerous precedent: ignoring a constitutional safeguard explicitly designed to protect the Republic from insurrectionists.
Moreover, Congress’s decision—or indecision—will likely influence public trust in the integrity of constitutional governance. By failing to address the Disqualification Clause, Congress could open itself to accusations of complicity in enabling an individual deemed an insurrectionist to assume the presidency.
Conclusion
As the U.S. Congress gathers to fulfill its constitutional duty on January 6, 2025, its members must grapple with a critical question: Is Donald Trump eligible to take office under the Constitution? The Fourteenth Amendment requires Congress to resolve this issue through a vote before certifying the election results.
This moment represents a test of Congress’s commitment to the rule of law and its willingness to uphold the Constitution in the face of political pressure. Anything less than full adherence to constitutional requirements risks compromising the integrity of American democracy.
The opinion expressed in this essay are solely those of the author and do not necessarily reflect the views of the League for Social Justice.
X: @Obanor
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