A prominent constitutional law scholar testified before a Colorado state judge, shedding light on the controversial issue of former President Donald Trump’s eligibility to appear on the state’s 2024 ballot. The 14th Amendment’s disqualification provision took center stage during this high-stakes trial, captivating the courtroom with its historical complexity and legal intricacies.
Professor Gerard Magliocca, a distinguished academic from Indiana University College of Law, appeared as a witness in the Denver District Court. He provided a unique perspective on Section 3 of the 14th Amendment, which disqualifies certain officials from holding office if they “engaged in” or aided insurrection.
Scholarly Divide on 14th Amendment’s Ambiguity
The legal community remains divided on the clarity of the 14th Amendment. While some argue that it is too ambiguous for courts to apply without additional federal legislation, Magliocca contended that historical documents and examples from the Reconstruction Era can guide its interpretation.