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14th Amendment Implications: Donald Trump’s Removal from the Primary Ballot

Emily Ar, Myka Imbat, Jilliane Gomez, and Steph Velasquez

Okkodo High School

Advanced Placement U.S. History 5th Period

Mr. Vann Libranda

January 11, 2024

(POL) POLITICS AND POWER 2

Abstract

The causation of Donald Trump's potential removal from the 2024 presidential ballot stems from

a historical continuity of deep-seated political polarization in the United States. This polarization,

evident in the aftermath of the Capitol Hill riot of 2021, reflects a pattern of enduring discord

between the two major political parties. The refusal to accept election outcomes and the resultant

attack on the Capitol mirrors historical moments, such as the U.S. Civil War, highlighting the

ongoing struggle to find common ground. Trump's involvement in inciting the Capitol attack

showcases the abuse of presidential power, drawing parallels with the historical abuse of power

seen in the Watergate scandal and the Bush v. Gore Supreme Court decision. The comparison of

media coverage between Fox News and CNN further accumulates the pattern of continuity and

change. In the broader context, the continuity of issues like political polarization and abuse of

power persists, with historical events shaping the present political landscape. While the pattern

of change is evident in increased public awareness, changes in public perception following

events like the Capitol Hill riot, and a growing emphasis on holding leaders accountable. The

ongoing struggle for a balance between presidential authority and party interests highlights the

intricate dynamics of American democracy. Overall, these interconnected patterns contribute to

the complex narrative of Trump's potential removal and its implications for the future of

American politics.
(POL) POLITICS AND POWER 3

14th Amendment Implications: Donald Trump’s Removal from the Primary Ballot

Currently, the Republican Party dominates American politics, with Nikki Haley and Ron

DeSantis vying for second place behind Donald Trump. While Trump has over 50% support in

national polls, he faces removal from primary ballots in Maine and Colorado (Wiederkehr, n.d.).

This is also not just a battle within the Republican party, but as Democrats and Republicans drift

apart ideologically, the American political landscape has seen increasing polarization. This paper

explores the causation of Trump's potential removal from the 2024 ballot, examining its impact

on political parties and public image. Comparisons with the Watergate scandal and Bush v. Gore

reveals both similarities and distinctions, demonstrating evolving patterns of continuity and

change in public perception, party influence, presidential power, and responses to political

events.

Causation

The idea of two political parties forming allowed for a more collaborative environment

between different ideologies, which can be seen from the foundations of the United States

government system. The two modern manifestations of those parties are the Democrats and the

Republicans. A Pew Research Center analysis, however, shows a major polarization about how,

on average, Democrats and Republicans are farther apart ideologically today than at any time in

the past 50 years. This shows how divided the United States is between two political affairs.

Republicans grew more conservative, and Democrats grew more liberal, almost forming no

common ground between them. It is evident today how a presidential election meant to appoint

an individual that aligns with a person’s values turned into a name recognition election and a

battle against the other party. Growing partisanship and false claims fueled the Capitol Hill Riot

of 2021, which eventually led to Trump’s removal from the 2024 presidential ballot in certain
(POL) POLITICS AND POWER 4

states, such as Colorado and Maine (Millhiser, 2024).

Donald Trump’s term as the 45th president of the United States was seen as nothing less

than unique. This is due to the fact that he, unlike past presidents, indulged in political fights

rather than trying to unify the nation (Pew Research Center, 2021). Trump’s over-the-top

campaign on Facebook allowed him to create a narrative that netizens blindly followed (Krieg,

2016). This, combined with the low voter turnout, gave him a 304 electoral vote compared to

Clinton’s 227, which he claims to be a “massive landslide victory” (Seipel, 2016). Almost three

years after his win, Trump’s first impeachment occurred. It was voted on by the House of

Representatives on account of charges of abuse of power and obstruction of Congress, as he was

withholding assistance to Ukraine in exchange for political patronage (Impeachment of Donald

Trump, 2019-2020, Ballotpedia, n.d.). According to impeachmentguide, Trump was the very first

president to have members of his own party vote to withdraw him from office. He was later

acquitted by the Senate as the count failed to receive 67 votes, the number needed to convict him

of impeachment (Dauphinais-Soos, 2023).

Following the end of his term, the 2020 U.S. presidential election came up. Donald

Trump falsely claimed that Democrats were planning to manipulate the election through

fraudulent means. Despite this, the electors confirmed Biden's 306 electoral votes to Trump's 232

on December 14, which turned attention to the Congress on January 6 for the formal vote

counting (Duignan, 2024). Fueled by accusations of fraud and a refusal to accept defeat, a

pro-Trump mob stormed the Capitol on January 6, attempting to overturn the election results.

This event highlights escalating partisanship, leading to a significant and disruptive protest

against the U.S. government. President Trump's involvement in instigating the Capitol attack led

to his second impeachment by the House of Representatives, though the Senate ultimately
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acquitted him. The aftermath of the Capitol assault exposed deep political divisions and

prompted concerns about the resilience of democratic institutions.

This development has brought us to the present moment, where Donald Trump, a

Republican candidate for the 2024 presidential election, is facing the possibility of being

removed from the ballot in Maine and Colorado (Gamio, Smith, & Bogel-Burroughs, 2024).

These states argue that Trump's involvement in the violent uprising against the confirmation of

Biden's victory, commonly known as the Capitol insurrection, disqualifies him from running for

the presidency. Trump, in response, has appealed his removal from Maine's primary while also

experiencing a decline in support (Rabinowitz, 2024). Shenna Bellows, Maine’s Secretary of

State, argued that “no presidential candidate has ever before engaged in insurrection.” Whereas

Section 3 of the 14th Amendment’s conditions has never exactly applied to anyone in the

presidency, thus giving Trump the upper hand (The White House, 2021). This is because the

insurrection ban has never been used against a president, handing the Supreme Court and its

judicial review a new affair to stitch over. As a given, this circumstance is an example of loose

construction regarding a broad interpretation of the 14th Amendment.

Because of that, a court case accepted by the Colorado Supreme Court known as Trump

v. Anderson is now scheduled to be on February 8, 2024. (Supreme Court, 2024.) Plaintiffs in the

Anderson litigation have agreed with the GOP that the Supreme Court tends to this case on

hastened notice. They explained that voting in Colorado happens mostly by mail and will begin

once ballots are mailed out on February 12. They also expanded by “proposing a schedule that

will allow for a briefing and argument by February 11.” This is because this trial initially started

out as Anderson v. Griswold, and in a 4-3 decision, Trump was officially removed from

Colorado’s ballot. The Colorado Republican Party then issued an appeal, which led the Court to
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indefinitely draw out its verdict as they had to reconsider the GOP’s side (Supreme Court, 2024).

On January 3, Trump also appealed, which the Supreme Court announced to be a case that will

be taken up as Trump v. Anderson (Erskine, 2024). In his petition, he argued that he did not take

part in an insurrection and that the insurrection ban did not apply to the presidency. Once again,

this is a case of loose construction, as the 14th Amendment does not exclusively state that its

statutes have to do with insurrections by people under the presidency. The opposing responses

between the two parties to this show that, despite facing legal challenges and being linked to an

insurrection, Trump still maintains support from allies who see him as the best candidate to rival

Biden. This accentuates the current trend of partisanship and name recognition, where voters

prioritize defeating the opposing party rather than choosing the most qualified leader for the

nation.

One of the effects of this scenario may be that it benefits other candidates, such as Nikki

Haley and Ron DeSantis, who might gain more supporters. This shift in support could gravely

diminish Trump's influence in the primary national polls. Beyond channeling support for other

candidates, it restricts Trump supporters in Maine and Colorado from voting for their preferred

prospect, which promptly violates their 1st Amendment rights (The White House, 2021). Their

rights include freedom of speech, assembly, religion, etc. By removing these rights, it reduces the

citizen’s ability and say in choosing a candidate who truly represents their values and preferences

in these two states. In the future, the possibility of being kicked off the presidential ballot by

different states may perhaps heighten due to Trump’s removal. This could potentially influence

new arrangements for the position. These unfolding events emphasize the complex cooperation

of political dynamics and the evolving scene of American democracy.

Comparison
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The first comparison is the difference between Fox and CNN’s political ideologies, with

CNN leaning towards a Democratic viewpoint and Fox News leaning closely toward a

Republican perspective. The news channels show different sides of Trump, so people may have

very different opinions about his removal from the ballot. The second comparison is the abuse of

power between Trump and Nixon during their presidency. In addition, the Capitol riot involving

Trump and Nixon's Watergate scandal both show leaders misusing their power. These events

raised doubts about the government, making people more careful about trusting elected officials.

Finally, the third comparison is the Capitol Hill riot of 2021 and the Bush v. Gore Supreme Court

decision in 2000.

Fox News, which generally supports conservative views, often defended Trump. CNN, a

more liberal outlet, critically analyzed the events and questioned Trump's actions. On Fox News,

Trump found a friendly platform to express his views, often defiant and emphasizing his

grievances. CNN discussed how Trump's response might affect democratic norms and the rule of

law. Consequently, different news outlets can present the same events differently. For example,

CNN provides a detailed account of the legal challenges faced by Donald Trump in relation to

his eligibility for the 2024 presidential election. The network emphasizes Trump's arguments

against his disqualification, including the assertion that Congress, not the courts, should

determine his eligibility (Collinson, S. 2024). CNN also highlights Trump's claims of bias

against Secretary of State Shenna Bellows and his false allegations of voter fraud (Collinson, S.

2024). The reporting maintains a critical tone, indicative of a meticulous analysis of Trump's

actions and legal strategies.

Fox News, on the other hand, presents a summary that focuses on the legal efforts of

more than two dozen states urging the Supreme Court to keep Trump on the Colorado
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Republican presidential ballot (Shaw, A. 2024). The network emphasizes the potential chaos in

the 2024 election if Trump is removed from the ballot, highlighting concerns about the Colorado

Supreme Court's decision and its national implications (Shaw, A. 2024). Additionally, Fox News

reports on President Biden's speech marking the anniversary of the Capitol riot, with a particular

emphasis on Trump's response and his allegations of election rigging (Singman, B. 2024). This

coverage aligns with Fox News's reputation as a news outlet with a more right-leaning

perspective, emphasizing the concerns of those supporting Trump within the Republican Party.

Trump's involvement in the Capitol riot could also constitute an abuse of power. He

encouraged his party supporters to oppose the capital rather than accept defeat. The abuse of

power can also be seen in past presidents, such as Richard Nixon's Watergate scandal. As with

Trump's controversy, Nixon's presidency was tainted by the Watergate scandal, which raised

mistrust in government institutions. Nixon’s involvement demonstrated his willingness to

undermine the democratic process for political gain. The Watergate scandal didn't just break the

idea of a government we could trust; it made people more cautious of elected officials. Despite

this, they had different purposes. The Watergate scandal was primarily about covering up and

obstruction of justice (Gillis, C. 2017), while the Capitol insurrection and election fraud were

attempts to disrupt the democratic process through heinous means (American Oversight 2023).

This contrasts with Watergate, where Richard Nixon's abuse of power, including a break-in and

attempts to cover up illegal activities, resulted in his resignation (Gillis, C. 2017). Trump and

Nixon were both involved in allegations of abusing presidential power and using the office for

personal or political gain. The Watergate scandal and Trump controversies led to impeachment

proceedings, highlighting concerns about the limits of executive power. Nonetheless, the public’s
(POL) POLITICS AND POWER 9

perception of Trump’s presidency did not waver. They used Trump’s economic policies as a

defense of his wrongdoing.

The comparison between the Capitol Hill riot of 2021 and the Bush v. Gore Supreme

Court decision in 2000 displays both similarities and distinctions between these pivotal moments

in American history. In the middle of a contested election, Trump supporters stormed the Capitol,

fueled by unfounded allegations of election fraud. Bush v. Gore, on the other hand, involved a

legal dispute regarding Florida's recount process without any physical protests. Notwithstanding

these differences, both events led to disruptions in official proceedings. However, the nature of

the disputes varied significantly. The Capitol Hill riot, driven by false allegations, attempted to

overturn election results through violent means (American Oversight 2023). In contrast, the

disagreement in Bush v. Gore centered on procedural issues related to the recount. Another

difference is that the Capitol Hill riot directly attacked a symbol of American democracy,

prompting the evacuation of lawmakers, whereas Bush v. Gore found resolution primarily in the

courts through a Supreme Court ruling. In the aftermath, distinct resolutions emerged. The

Capitol Hill riot had no significant effect on the election outcome but served as an unforgettable

event. Conversely, the resolution of the Bush v. Gore case definitively concluded the recount

process in Florida during the 2000 presidential election, ultimately securing the victory of

George W. Bush (National Constitution Center 2023). All in all, the Capitol Hill Riot and the

Bush v. Gore decision illustrate the challenges partisanship poses to American democracy. The

Capitol Hill Riot demonstrated the dangers of uncontrolled political passion, and Bush v. Gore

demonstrated the complexities of legal disputes. In examining these events, there is a deeper

understanding of the evolving landscape of partisanship in the United States.

Pattern of Change and Continuity

(POL) POLITICS AND POWER 10

Historical thinking involves an in-depth understanding of the pattern of continuity and

change over time, allowing us to identify influences that shape the larger historical events and

themes. For example, people talk about the devastation of war and its negative implications and

effects on countries and their people. However, there is still conflict that is held onto, despite it

being from many years ago. The inability to find a common ground is what may lead to ongoing

conflict. This conclusion also applies to differing views within a country, which could lead to a

civil war or even accumulate hatred for one another. In the context of recent political events in

the United States, the examination of Donald Trump's political career and the Capitol Hill riot of

2021 unveils significant patterns of continuity and change, shedding light on the evolving nature

of American democracy.

Since the origin of the formation of two political parties in the United States, there have

been differing views amongst each other. It posed a threat to the U.S. government as it could lead

to more conflict. Despite this, according to Ragosta (2020), the U.S. presidential election of

1800, in which Thomas Jefferson, a member of the Democratic-Republican party instead of the

Federalists, was elected the nation’s third president. This resulted in the first peaceful transfer of

power from one political party to another in United States history. Eventually, the two political

parties, now modernly known as the Democrats and Republicans, will clash, as shown in the

events of Capitol Hill and the Bush v. Gore cases. The two significant events had led to the

disruption of the peaceful transfer from one president to another.

The polarization between the two major political parties in the United States represents

historical continuity, with roots reaching back to the U.S. Civil War. This war was a conflict

ignited by deep-seated ideological differences over slavery. The historic divide between the

Union in the North and the Confederacy in the South exemplifies the challenges of finding
(POL) POLITICS AND POWER 11

common ground when the fundamental values of the country are at stake. Fast forward to the

present day, the Capitol Hill incident serves as an important reminder of this enduring hostility.

While showcasing the refusal to accept the outcome of a democratic election, it is also rooted in

partisan loyalties that led to an unprecedented attack on the Capitol. Donald Trump's call to

disrupt the confirmation of a new president accumulates distrust in one another, mirroring

historical moments when political differences escalated into severe crises. Despite occurring 160

years apart, these events reveal a persistent pattern of continuity in the challenges posed by

extreme political polarization. It threatens the unity of the nation and highlights the ongoing

struggle to find common ground among both Democrats and Republicans.

Another pattern of continuity would be presidential power and party influence. This

ongoing issue is evident in pivotal events such as the Capitol Hill incident, the Watergate

scandal, and the Bush v. Gore Supreme Court decision. The Capitol Hill riot of 2021 exemplifies

the influence a sitting president can wield over party followers, as seen in Donald Trump's efforts

to compromise the electoral process and incite his supporters to disrupt the confirmation of a

new president. This relates to the Watergate scandal of the 1970s, when President Richard

Nixon's abuse of power and attempts to cover up illegal activities during his presidency

highlighted the dangers of unchecked executive authority. Moreover, the Bush v. Gore decision

in 2000, where the Supreme Court played a decisive role in resolving election disputes, depicts

the similar struggle between the branches of government and the impact of these power

dynamics on the democratic process. These events collectively portrayed a persistent pattern of

continuity in the balance between presidential authority and party interests in American politics.

Along with the continuity of issues, there is room for change as well. The Capitol Hill

riot in 2021, the Watergate scandal in the 1970s, and the Bush v. Gore case in 2000 all triggered
(POL) POLITICS AND POWER 12

significant changes in public perception. Following the Capitol Hill riot, there was widespread

political violence, leading to a bipartisan call for accountability and increased security measures.

This event reshaped public awareness, particularly regarding the potential threats posed to

American political parties, and amplified concerns about disinformation on social media

platforms. However, in the aftermath of the Watergate scandal, public trust in government

institutions changed. In the Shadow of Watergate: Legal, Political, and Cultural Implications by

Stanley Kutler provides a thorough exploration of the scandal and its profound impact on public

perception (Kutler, 1994). He stated that the Watergate opened up an opportunity for analyzing

political behavior, especially for those in power. These changes in public perception have

affected how people currently view politics. It creates a certain distrust in the leaders of the

United States, proposing questions about who to trust and who will actually keep their word.

Another change is in handling events involving presidents. The Capitol Hill riot led to a

second impeachment of President Donald Trump, reflecting a decisive consequence when a

president is perceived to impede the democratic process. However, the impeachment did not go

through, as the Senate had acquitted him of the charges. To keep in mind, however, the majority

voted in favor of impeachment; however their votes did not meet the two-thirds rule, allowing

him to be acquitted. This allowed Trump, in a way, to escape punishment. In contrast, the

Watergate scandal saw impeachment proceedings against President Richard Nixon. He had

turned in his resignation before facing a Senate trial, setting a precedent for recognizing

accountability amidst impending legal consequences. His Vice President, Gerald Ford, then took

his position, permitting Nixon to receive presidential pardon (Pardoning Nixon, n.d.). This is

relevant today as the Bush v. Gore case, dealing primarily with an electoral dispute, showcases
(POL) POLITICS AND POWER 13

court cases ending in the authorization of a recount of votes in Florida. Overall, these patterns

suggest an increased emphasis on the need to hold those in power accountable.

To conclude, Trump’s removal from ballots in states such as Colorado and Maine is

mainly due to the January 6 Capitol Hill Attack in 2021. His insurrection sparked a chain

reaction that gave way to different responses regarding his candidacy. It changed people’s

perceptions and took account of his credibility. In addition, the insurrection ban, which is

included in Section 3 of the 14th Amendment, has never applied to a president, giving Trump an

advantage against the two states. It also polarized political parties and news networks, as seen in

media like Fox News and CNN. The Watergate scandal and the Bush v. Gore case can be

compared to the Capitol Hill incident because they challenged American democracy. Overall,

Trump’s removal from the ballot showcased themes of historical polarization of political parties,

presidential power, party influence, and public perception. Although this marks one of the first

cases in which a running presidential candidate gets removed from the ballot, it also depicts the

complexities of American politics and elections.

(POL) POLITICS AND POWER 14

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