In Colorado and Maine, the state Supreme Courts barred former President Donald Trump from appearing on the primary ballots. Now, other states are following suit. In fact, Trump is facing legal challenges to his candidacy in 32 states. With his campaign at stake, Trump’s legal team has appealed these decisions. 

A lawsuit, initially brought to a District Court in Denver, contends that Trump should be disqualified from participating in elections under Section 3 of the 14th Amendment of the Constitution. This provision states that “no person shall hold office if they engaged in insurrection” after having taken an oath to support the Constitution. The case will go to the United States Supreme Court on Feb. 8, which may determine Trump’s eligibility to run for office nationally. 

Following this line of reasoning, Trump’s role in inciting the Jan. 6 insurrection was unconstitutional on multiple grounds. Therefore, I believe Colorado and Maine have taken appropriate action in ensuring the 2024 election is conducted in accordance with democratic principles.

First and foremost, it is imperative to confirm that the events of Jan. 6 were undoubtedly an act of insurrection and a threat to democracy. In affidavits filed by the Federal Bureau of Investigations (FBI), evidence confirms that these crimes committed by the right-wing Proud Boys group were deliberate and calculated. The insurrectionists made preparations, including using earpieces to direct the transfer of weaponry from the back to the front of the crowd to use against Capitol officials. An article from Politico includes statements from Assistant U.S. Attorney Benjamin Gianforti outlining the intentional nature of Jan. 6. 

“Mob is not the right term because there’s a level of organization here that bears noting,” Gianforti said. 

Some political leaders such as Gavin Newsom and Chris Christie argue that removing Trump from the ballot is “anti-democratic” on the grounds that it would deny voters the right to choose their elected official. However, launching efforts to overthrow the government is also anti-democratic. Moreover, in the event of a second Trump term, the public could be facing far greater threats to democracy than mere constitutional challenges.

The items on Trump’s agenda for 2024 reflect the same xenophobic and protectionist narrative that dominated his last term. Trump has voiced his plans to secure the United States-Mexico border, claiming that “immigrants are poisoning the blood of our country.” One feature of his immigration agenda includes launching a mass Immigration and Customs Enforcement operation, which would expand the border wall and revoke student visas from people who are legally living in the United States. These measures not only perpetuate discrimination but also undermine principles of inclusivity and freedom that are essential to a democratic society. 

The Constitution was developed under democratic principles; therefore, it is no more anti-democratic to deny Trump’s candidacy than it is to deny a candidate who is under the age of 35. This ideology applies to any section of the Constitution that relates to the presidency. Section 3 of the 14th Amendment exists exactly for cases such as this one. Truthfully, the power cannot exclusively be vested in the people on this issue. These constitutional provisions, which prohibit an insurrectionist from taking office, exist to keep order. 

Another consideration for keeping Trump off of the national ballot is the sheer amount of civil unrest that will likely resurface after another loss. The country oversaw the ramifications of Trump’s loyal band of supporters losing an election on Jan. 6. If he has already been rejected by the American people in 2020, then it would be illogical to risk another insurrection in the event that the American people deny him again. 

Finally, the former president is in the process of settling his own legal battles. Since March 2023, Trump has been charged with 91 felonies in four cases, including falsifying business records and inciting insurrection. In addition to these charges, the former president is facing defamation charges for denying claims made by E. Jean Carroll, the writer who accused Trump of sexual abuse in the 1990s. Although a jury found Trump guilty, and the matter was settled in court, Trump took a detour from his campaign in Iowa to attend the rape defamation trial earlier this week. 

It is in the American public’s best interest to allow the former president to handle his own legal matters before stepping back into the most powerful office in the country.