The Fourteenth Amendment of the U.S. Constitution grants citizenship and equal protection of the laws to all persons born or naturalized in the United States, and also prohibits any state from abridging the privileges or immunities of citizens, depriving any person of life, liberty, or property without due process of law, or denying any person within its jurisdiction the equal protection of the laws.
One of the sections of this amendment states that no person who has engaged in insurrection or rebellion against the United States, or given aid or comfort to its enemies, shall hold any office, civil or military, under the United States, or under any state, unless Congress removes such disability by a two-thirds vote of each House.
However, this would require a congressional resolution and a legal challenge to Trump’s eligibility, which may not be feasible or successful given the current political climate and the lack of precedent for such a scenario.
No federal law blocks former presidents from running for office if they’ve been indicted, but a constitutional amendment does stop some people from running if they’ve taken part in or urged others to join an insurrection.
This section could potentially bar former President Donald Trump from running for the presidency in 2024, if he is found to have incited or supported the violent attack on the U.S. Capitol on January 6, 2021.
The January 6, 2021, violence at the U.S. Capitol was an “insurrection,” according to some experts, as it aimed to block Congress from certifying the 2020 presidential election. Trump’s speech that preceded the attack could be seen as aiding those who attacked the Capitol, under this argument.