No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.
Look at the wording - it’s clearly intended to be an automatic disqualification. The only way you could possibly arrive at the conclusion that the Office of the President is exempt from this section is by jumping through frankly absurd and facile semantic hoops.
But Congress may by a vote of two-thirds of each House, remove such disability.
Pointedly, the only way Congress should be involved (per the relevant section) is in rescinding the disqualification.
Well, they’re only appointed for life, and they did somewhat recently vastly broaden the scope of the 2nd Amendment, and political violence is on the rise, so I wouldn’t be shocked if one or more people decided enough is enough and conducted a “citizen’s kinetic impeachment”, as it were.
Regardless of how things ultimately turn out, things are definitely 10/10 fucky, and I absolutely hate it.
Well certainly try, and he’ll almost certainly use a due process argument against it. And the whole thing will end up laying on who (according to the court) gets to decide if he is an insurrectionist and under what standards they have to do so. Given the current courts, I’d put odds on either criminal court or Congress being the “who” they pick.
This is different than the CSA in that we don’t have a formal organization in open rebellion with officials publicly at its head.
Again it did not pass the 2/3 rule. That is critical to make it lawful. I don’t know why that is so hard to understand.
I get it. Trump is a sedacious bastards. But regardless they have yet to convict him of that in the legal court or within the Senate. Ones of those needs to have happened and it has not.
And by the way it is not uncommon. Was done to Clinton for what amounted to a private matter but again did not pass the Senate and thus it did not effect his access to office. As it shouldn’t have in his case.
(Copied from another post)
The thing is, the 14th Amendment, Section 3 isn’t vague on this point - he IS disqualified:
Look at the wording - it’s clearly intended to be an automatic disqualification. The only way you could possibly arrive at the conclusion that the Office of the President is exempt from this section is by jumping through frankly absurd and facile semantic hoops.
Pointedly, the only way Congress should be involved (per the relevant section) is in rescinding the disqualification.
The Supreme Court is prepared to jump through those hoops. They’ve practiced long and hard for this opportunity.
Clarence Thomas’s Patreon is quite well funded, so it’d be dishonest if he didn’t.
(Also copied from another post)
Well, they’re only appointed for life, and they did somewhat recently vastly broaden the scope of the 2nd Amendment, and political violence is on the rise, so I wouldn’t be shocked if one or more people decided enough is enough and conducted a “citizen’s kinetic impeachment”, as it were.
Regardless of how things ultimately turn out, things are definitely 10/10 fucky, and I absolutely hate it.
Unfortunately the “left” in the US is full of thinky ideologues and very few people of action.
Well certainly try, and he’ll almost certainly use a due process argument against it. And the whole thing will end up laying on who (according to the court) gets to decide if he is an insurrectionist and under what standards they have to do so. Given the current courts, I’d put odds on either criminal court or Congress being the “who” they pick.
This is different than the CSA in that we don’t have a formal organization in open rebellion with officials publicly at its head.
Again it did not pass the 2/3 rule. That is critical to make it lawful. I don’t know why that is so hard to understand.
I get it. Trump is a sedacious bastards. But regardless they have yet to convict him of that in the legal court or within the Senate. Ones of those needs to have happened and it has not.
And by the way it is not uncommon. Was done to Clinton for what amounted to a private matter but again did not pass the Senate and thus it did not effect his access to office. As it shouldn’t have in his case.
It doesn’t require conviction. The amendment is written such that disqualification is automatic.