PHOENIX - As the 2nd impeachment trial for Former President Donald Trump gets underway, some democrats are looking at the other option to figure out how to ensure the ex-President could not run again for office, due to the uncertainty of where the trial could lead.
Section 3 of the 14th Amendment is an obscure part of the constitution that hasn’t been used in a long time, but experts say the process to get there is not easy.
The 14th Amendment was created just after the Civil War as a way to bar anyone who worked with the Confederacy from working with the U.S. Government, or running for office.
"If Trump is impeached, he has to be impeached by a 2/3 vote," said Phoenix constitutional lawyer Dan Barr. "Congress could then vote by a simple majority to bar him from running from office again. That is one of the remedies of impeachment."
Barr says if that option does not work, there is the 3rd section of the 14th Amendment, which states:
"A lot of people are getting excited about the language of the 14th Amendment and, 'oh well, this will apply to Trump and he will be barred from office,' but there is no statute in place that he aided and abetted the insurrection in the United States," said Barr.
In Section 5 of the same amendment, it states that there must be a statute in place that first declares that a person or group of people aided and abetted an insurrection before Section 3 can be applicable.
"The 14th Amendment is not self-executing," said Barr. "Congress would have to pass a statute to declare Trump had aided and abetted insurrection against the U.S., and Trump would get to challenge this in court if he wanted to."
In other words, Barr says hypothetically, it would be easier to convict Trump in the Senate and take up the option to bar him with a vote from Congress, rather than use the 14th Amendment.