Hi John,

We support efforts to enforce the 14th Amendment, whether we bring them, or others do. Our democracy is facing a serious test, and we're determined to rise to the moment.

That's why last week CREW filed an amicus brief supporting a 14th Amendment lawsuit enforcing Donald Trump’s disqualification from the ballot in Minnesota.

CREW's brief, filed with the Minnesota Supreme Court, explains that Section 3 of the 14th Amendment is self-executing. That means that it requires no federal legislation to take effect and is enforceable through Minnesota state law. Free Speech for People, a different nonprofit, filed this lawsuit challenging Trump’s constitutional eligibility to serve as president and appear on Minnesota’s ballots.

We're happy to support the Minnesota lawsuit, because the important thing is that the 14th Amendment be enforced against Trump across the country. We're all in this fight together.

Both the 14th Amendment’s text and Supreme Court precedent confirm that Section 3 is self-executing and can be enforced without federal legislation.

Under the Supremacy Clause of the Constitution, state courts must enforce Section 3 where state law allows, and historically state courts have done exactly that. The Supreme Court has also consistently held the substantive provisions of the Reconstruction Amendments—including the 14th Amendment—to be self-executing. Supreme Court precedent also makes clear that congressional action cannot be required to activate Section 3.

As we concluded in our brief, Minnesota’s Supreme Court has the power and duty to adjudicate this claim under state law challenging Trump’s constitutional eligibility to serve in office.

John, no one may hold state or federal office after swearing an oath to the Constitution and then engaging in insurrection against it. That's what the 14th Amendment states, and that's what we — and others across the country — are standing up for now.

Thank you,

Noah Bookbinder
President
CREW