State of New Hampshire Seeks 14th Amendment Legal Advice on Whether Candidate Donald Trump Can Appear on the First in the Nation 2024 Primary

The American Democracy Minute Radio Report & Podcast for Aug. 30, 2023



Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

A  New Hampshire 2020 U.S. Senate candidate endorsed by former President Trump is questioning Trump’s qualification for the Presidency under the 14th Amendment, Section 3, designed to keep former Confederate leaders from holding office. 

Republican Corky Messner said in a NH Today radio interview that as a Constitutional Conservative, his reading of Section 3 suggests that Trump’s actions in the January 6th insurrection may disqualify him from the New Hampshire Presidential primary ballot, and says it should go to the courts soon.  Section 3 reads:

“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.”

Messner said he is considering a lawsuit to move it quickly to the U.S. Supreme Court.  New Hampshire Secretary of State David Scanlan said he is seeking legal advice in the matter. 

We have legal articles and more on Section 3 at AmericanDemocracyMinute.org.   I’m Brian Beihl. 

Today’s Links

Articles & Resources:
National Constitution Center – 14th Amendment, Section 3
WGIR’s NH Today – 8-22 Corky Messner on Trump’s eligibility to run for President
NH Public Radio – Stories about Corky Messner
Univ. of Pennsylvania Law Review – The Sweep and Force of Section Three  (download of PDF for full paper) 
NH Journal – Will ‘Insurrection’ Keep Trump Off NH Ballot?
Politico – N.H. Republicans feud over bid to knock Trump off 2024 ballot
The Atlantic – (Paywall) The Constitution Prohibits Trump From Ever Being President Again
NBC News – Trump supporters flood New Hampshire election office with calls after false claims about ballot access
Democracy Docket – How the 14th Amendment Could Disqualify Trump and His Allies

Groups Taking Action:
Free Speech for People, Citizens for Responsibility & Ethics in Washington (CREW)


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