In a bold claim, two liberal attorneys argued that Congress still has the power to block President-elect Donald Trump from taking office and could even hand the presidency to Vice President Kamala Harris. Their reasoning? The 14th Amendment, which bars anyone who has “engaged in insurrection” from holding office, could disqualify Trump from assuming the role.
Attorneys Evan Davis and David Schulte wrote in The Hill that if Congress acts quickly when they meet to certify the electoral votes on January 6, they could refuse to count Trump’s votes. This would leave the number of required votes for election smaller, possibly making Harris the new president.
They pointed out that Congress has the authority to reject votes if they believe they weren’t “lawfully certified” or “regularly given,” which they argue applies here. “A vote for a disqualified candidate is clearly ‘not regularly given,’” they said. And since insurrection is a constitutional disqualification, it should be treated the same way as other requirements like age, citizenship, or residency.
However, while the attorneys suggest this is possible, many Democratic leaders are saying they won’t object to Trump’s election, despite some previous challenges in 2017. They believe it will be a “normal” transfer of power, respecting the will of the people.
So, what do you think? Could Congress really take such a step? Only time will tell!
