The latest all-the-rage theory for preventing former President Donald Trump from running in the 2024 presidential election is a claim that Trump made himself ineligible under the 14th Amendment to the Constitution by instigating the January 6 “insurrection.” While millions of Americans (including me) wish Trump weren’t running again, the problem with this legal theory is that it assumes the very issue in question: that the January 6 raid on the Capitol was an insurrection (or at least a rebellion) and that Trump was involved, either directly or indirectly. Section 3 of the 14th Amendment says, “No person shall be a Senator or Representative in Congress, or elector of President and Vice
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