The New Yorkerのインスタグラム(newyorkermag) - 12月6日 01時00分

The Civil War cost 700,000 lives. And yet Jefferson Davis, the President of the Confederacy, was never held responsible for any of those deaths. The government’s effort to prosecute Davis for treason was derailed, and he eventually walked away a free man. There’s no real consensus about why the case fell apart, but the explanation that Davis’s lawyer Charles O’Conor liked best had to do with Section 3 of the Fourteenth Amendment, known as the disqualification clause, which bars from federal office anyone who has ever taken an oath to uphold the Constitution of the United States and later “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.” O’Conor argued that Section 3’s ban on holding office was a form of punishment and that to try Davis for treason would therefore amount to double jeopardy.

It’s a different kind of jeopardy lately. In the aftermath of the insurrection at the Capitol on January 6, 2021, legal scholars, including leading conservatives, have argued that Section 3 disqualifies Donald Trump from running for President. Challenges calling for Trump’s name to be blocked from ballots have been filed in 28 states. Eleven cases have been dismissed by courts or voluntarily withdrawn. The Supreme Court might have the final say.

“Sometimes it feels as if the century and a half separating the trial of Jefferson Davis from the trials of Donald Trump were as nothing,” Jill Lepore writes. At the link in our bio, learn about the history of Presidential impunity in the United States—and what it might portend for the federal charges against Trump. Illustration by Barry Blitt.

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