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OKIsItJustMe

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6. U. S. Constitution.net: Trump and the 14th Amendment

Reply to mahatmakanejeeves (Original post)

Sat Dec 28, 2024, 07:18 PM

Dec 28

https://www.usconstitution.net/trump-and-the-14th-amendment/

Trump and the 14th Amendment
Dec 26, 2024 — by Eleanor Stratton in Constitutional Topics

Understanding Section 3 of the 14th Amendment
Section 3 of the 14th Amendment, established after the Civil War, disqualifies certain federal officials who engaged in rebellion or insurrection after swearing to support the Constitution. Its original intent was to prevent former Confederates from returning to positions of power.

The language is straightforward: if you took an oath to support the Constitution and then helped incite or support an uprising, you're disqualified. Historically, it aimed to prevent those who had literally broken away with muskets and canons from holding important offices again.

Today, there's discussion about whether this section might apply to modern political figures. Debates center on whether breaching this clause requires a criminal conviction or can be self-executing. Interpretations vary on what it means to "engage in" insurrection or provide "aid or comfort" to enemies in the context of contemporary politics.

The 14th Amendment's influence remains, ready to challenge those deemed unfit for office due to rebellious actions. The discourse continues, with legal scholars and historians weighing its original significance against America's current political landscape.

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Congress has the power to block Trump from taking office, but lawmakers must act now [View all] mahatmakanejeeves Dec 26 OP

This is a waste of keystrokes displacedvermoter Dec 26 #1

Not for The Hill. It got them click$$$!!111!!1!!!1 PSPS Dec 26 #3

Can we simply ignore "the supreme Law of the Land" now? OKIsItJustMe Dec 28 #9

No chance. The POS won the election. Unfortunately, democracy doesn't guarantee the best candidates will win. Silent Type Dec 26 #2

Hypothetically, what's to prevent him from being elected a third time? OKIsItJustMe Dec 28 #8

You've answered your own question Fiendish Thingy Dec 28 #16

Here's the scenario I see OKIsItJustMe Dec 29 #17

You're describing a "contingent election", which doesn't apply here. Fiendish Thingy Dec 29 #20

It's guaranteed bloody civil war if we try to remove him. Intractable Dec 26 #4

Not going to happen Fiendish Thingy Dec 26 #5

According to the 14th amendment, it requires a ⅔'s majority of both houses to allow him to serve OKIsItJustMe Dec 28 #7

His disqualification has not been adjudicated Fiendish Thingy Dec 28 #10

Why does it need to be adjudicated? OKIsItJustMe Dec 28 #11

How else would one determine if a person is disqualified from holding office under the 14th? Fiendish Thingy Dec 28 #14

Disqualified: The case for Donald Trump's disqualification under the 14th Amendment OKIsItJustMe Dec 28 #13

So, who decides? Some guy? You? Elon Musk? Fiendish Thingy Dec 28 #15

It's not going to happen, of course, but lees1975 Dec 29 #18

In January of 2021 a bipartisan majority of the House impeached Donald Trump on the grounds that he led an insurrection OKIsItJustMe Dec 29 #19

The opinion of one person on the internet does not equate to the Rule Of Law. Fiendish Thingy Dec 29 #21

U. S. Constitution.net: Trump and the 14th Amendment OKIsItJustMe Dec 28 #6

It no longer matters to Republicans what it right, or being loyal to the Constitution. lees1975 Dec 28 #12