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Polity & Governance
Mahesh

21/12/23 07:19 AM IST

14th Amendment of the US Constitution

In News
  • The top court in the US state of Colorado ordered former US President Donald Trump to be taken off the ballot in the state for the Presidential elections next year.
14th Amendment of the US constitution
  • According to the US government archives, the Amendment was passed and ratified by the US Congress between 1866 and 1868.
  • It was brought in after the Civil War ended (1861-65) and “extended liberties and rights granted by the Bill of Rights to formerly enslaved people”.
  • Section 3 says ays that if any person previously elected to any government office took part in an insurrection or rebellion, they cannot hold office again.
  • The 13th, 14th and 15th Amendments were introduced after the Civil War ended.
  • The war was fought between the Northern and Southern states over the issue of slavery.
  • The History Channel states that as American states sought to expand westward, a growing divide between the two sides came to the fore.
  • The North wanted slavery to be abolished, while the South wanted to retain it.
  • The Southern states’ economies were also comparatively more dependent on agriculture, where most of the workers were African-American slaves.
Background
  • Following the election of President Abraham Lincoln in 1860 and the support that he enjoyed from the Northern states, it took only a few months for seven southern states — South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana and Texas — to secede from the United States.
  • The war then began between the Unionists (The North) and the Confederacy (The South).
  • The war ended with the victory of the Unionists and the led to subsequent abolishment of slavery.
  • The three amendments were gradually brought in to accord rights to the former slaves.
  • Under the 14th Amendment, “All persons born or naturalized in the United States” were granted citizenship, including the formerly enslaved people.
Implications
  • Section 3 has “rarely been tested” in court. This marks the first time that it has been mentioned in relation to a former President.
  • The Supreme Court has a majority of conservative judges.
  • In the US, Presidents appoint judges for a lifetime tenure and the appointments are largely based on party lines.
  • The report added that even if the court agrees with the Colorado judgment, it would simply mean Trump cannot be voted for in that state in 2024.
  • Traditionally, Colorado has seen the Democratic party’s candidate win the state’s electors, so the new ruling is not seen as particularly harmful to Trump’s electoral prospects.
Source- Indian Express

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