The 14th Amendment to the Constitution bans anyone who “engaged in insurrection or rebellion against” the U.S. from holding office.

A Florida lawyer is suing Donald Trump in an attempt to disqualify his current run for president. Lawrence A. Caplan’s Thursday lawsuit claims that the ex-president’s involvement in the Jan. 6 Capitol riot would make him ineligible to run again, thanks to the Constitution’s 14th Amendment—a Civil War-era addition aimed at preventing those who “engaged in insurrection or rebellion against” the U.S. from holding office. “Now given that the facts seem to be crystal clear that Trump was involved to some extent in the insurrection that took place on January 6th, the sole remaining question is whether American jurists who swear an oath to uphold the U.S. Constitution upon their entry to the bench, will choose to follow the letter of the Constitution in this case,” the lawsuit says, also citing Trump’s alleged efforts to overturn the 2020 election results in Georgia. Legal experts say it’s an uphill battle to argue in court, since the amendment has hardly been exercised in modern history. “Realistically, it’s not a Hail Mary, but it’s just tossing the ball up and hoping it lands in the right place,” Charles Zelden, a professor of history and legal studies at Nova Southeastern University, told the South Florida Sun Sentinel.

archive link to South Florida Sun Sentinel article: https://archive.ph/1BntD

  • Mamertine@lemmy.world
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    1 year ago

    Let’s say this works and Trump is bad from holding office.

    Would Trump consider paying the baton to Don Jr or Eric Trump? Is he capable of giving them that boost?

    Then the bigger question is would the Kool aid drinkers accept the different Messiah?

    • funkless_eck
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      1 year ago

      Don Jr, although lauded by the right, also doesn’t have what Trump has: an unerring ability to devote himself to the most simplistic and repetitive dogma in the face of all evidence and disagreement.

      Part of Trumps success is to unwavering believe something, regardless of how misinformed, even when informed. Examples: “I use spray deodorant it didn’t affect the climate that day”, “I can change the weather report with a sharpie”, “windmills cause cancer”, “inject bleach to cure covid”, “health insurance only costs $20 a month.”

      It’s part of DeSantis’ problem too that he couldn’t say something like “blueberry jam makes you a better lover in bed and strawberry jam makes democrats have more abortions” and mean it.