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Posted: 2024-01-29T20:25:44Z | Updated: 2024-01-29T20:25:44Z

More than two dozen United States historians have filed a brief with the Supreme Court in support of efforts by Colorado and other states to remove Donald Trump from the 2024 ballot, arguing that the Constitutions insurrection clause applies to the former president and front-runner for the GOP nomination.

The filing was signed by 25 decorated historians whose areas of expertise include the Civil War, Reconstruction, the Southern redemption, and American history more broadly, including politics, voting, and elections. The group said they have professional interests in helping the Supreme Court decide whether a certain provision of the 14th Amendment applies to a president , and whether such implementation would require additional action from Congress, by appropriately analyzing probative historical evidence.

For historians, contemporary evidence from the decision-makers who sponsored, backed, and voted for the 14th Amendment is most probative, the brief states. Analysis of this evidence demonstrates that decision-makers crafted Section 3 to cover the President and to create an enduring check on insurrection, requiring no additional action from Congress.

In December, the Colorado Supreme Court ruled that Trump should be removed from the states ballot because his violation of the 14th Amendment makes him ineligible for office . The amendment ratified in 1868 after the Civil War states that anyone who has engaged in insurrection or rebellion despite swearing an oath to uphold the U.S. Constitution must be prohibited from public office .

According to the historians, the amendments provision is not limited to keeping ex-Confederates from holding federal or state offices. Rather, they say, Section 3 of the 14th Amendment serves as a guard against the corruption of government by anyone involved in future insurrections who had taken an oath to support the U.S. Constitution.