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The Constitution Prohibits Trump from Ever Being President Again
- labrador 3y agohttps://archive.is/AwZcx https://archive.is/AwZcx
- AnimalMuppet 3y agoConvict him first. Then you can apply the 14th Amendment. (In fact, then you have to apply the 14th Amendment.)
- labrador 3y agoFrom the article: ...a conviction would be beside the point. The disqualification clause operates independently of any such criminal proceedings and, indeed, also independently of impeachment proceedings and of congressional legislation. The clause was designed to operate directly and immediately upon those who betray their oaths to the Constitution, whether by taking up arms to overturn our government or by waging war on our government by attempting to overturn a presidential election through a bloodless coup.
- AnimalMuppet 3y agoIn a "rule of law" country, you kind of need something more than "he's guilty and we all know it". Otherwise, a bunch of us can say "labrador is guilty, and we all know it, so he can't run for office", and you have no recourse, whether or not you're guilty. And who would say that he's not allowed to run? Who would make the official pronouncement? The Federal Election Commission? Do you think this can happen without it turning into a Supreme Court case? Do you think the Supreme Court is just going to say, "yes, you're right, he can't run"? Give them as much reason as you can to agree with you. More, even if he is guilty, it's important that you prove it to his supporters. Sure, some won't listen, no matter what proof you give. Some will, though, and it's important that you give them reason to get off the Trump train. If you don't, you'll just radicalize them when you say that he can't run again.
- dllthomas 3y agoLuttig suggests it will be up to the Secreteries of State in the various states to determine eligibility (just as for age and other qualifications), and then whatever decision they make it will be challenged, so ultimately it will probably have to be proven in court, albeit (if what the courts decide is other than "convict him first") to a "preponderance of evidence" standard rather than "beyond a reasonable doubt." I'm personally undecided on what I think about it all.
- dragonwriter 3y agoThe argument here is that the disqualification clause of the 14th Amendment, while the amendment as a whole permits enforcement legislation, is operational and binding independent of any enforcement legislation (such as the disqualification penalty attached to the federal crime of insurrection), and thus conviction is not necessary.
- sillywalk 3y agoThis actually points to an article by two members of the Federalist Society https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4532751 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4532751
- lkjaelk43 3y ago[dead]
- deleted 3y ago[deleted]
- stevespang 3y ago[dead]
- mutant_glofish 3y ago[flagged]
- labrador 3y ago[flagged]
- mutant_glofish 3y agoAlmost every single US president has broken the law.
- labrador 3y agoNot every violation law also violates the Fourteenth Amendment.
- bonniemuffin 3y agoMaybe they should stop doing that quite so much? Surely they have really good lawyers to help advise them on how to not break the law while in office.
- AnimalMuppet 3y agoPolitical opponents could avoid persecution (prosecution?) by not breaking the law or violating their oath. But once the precedent has been sent, given the way US politics has turned into trench warfare, future politicians will decide that this is a really handy way to remove someone they can't remove at the ballot box.
- yongjik 3y ago> "If Trump is jailed, every US President will be from this point onwards." Maybe America should consider doing that. South Korea has jailed four ex-presidents so far, and will likely continue to do so in the future. Somehow the country is fine. If anything, I think it helps establish the notion that nobody is above the law. (Not saying everything is great in South Korean politics, of course. Ask any South Korean, and they'll argue to death that half of South Korea is selling out the country. The only difference is which half.)
- rman666 3y ago[flagged]