• heavyboots@lemmy.ml
    link
    fedilink
    English
    arrow-up
    54
    ·
    2 years ago

    TLDR version is that Amendment 14 Section 3 says if you were involved in an attempt to overthrow the government you no longer are allowed to hold public office.

    Section 3 Disqualification from Holding Office 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. But Congress may by a vote of two-thirds of each House, remove such disability.

  • Pratai@lemmy.ca
    link
    fedilink
    arrow-up
    51
    arrow-down
    5
    ·
    2 years ago

    We don’t follow the constitution anymore…. Unless it serves to keep guns in the hands of those that shouldn’t have them.

  • keeb420@kbin.social
    link
    fedilink
    arrow-up
    45
    arrow-down
    1
    ·
    2 years ago

    It only matters if anyone does something about it. Really there should be a few traitors kicked outta congress as well but they haven’t been.

    • neptune@dmv.social
      link
      fedilink
      English
      arrow-up
      7
      arrow-down
      1
      ·
      2 years ago

      Chris Christie and Joe Biden could sue in enough states, trying to pull him off the ballot, that a) it’d be all over the news and b) it might work in a couple of states, enough to help

  • Jordan Lund@lemmy.one
    link
    fedilink
    English
    arrow-up
    8
    ·
    2 years ago

    I think the trick is going to be, based on the other guy who got disqualified for 1/6, is that someone actually has to challenge the nomination. It’s not something that happens automatically.

    https://abcnews.go.com/Politics/judge-removes-local-official-engaging-jan-insurrection/story?id=89463597

    “The decision came in a lawsuit brought by a group of New Mexico residents represented by the government accountability group Citizens for Responsibility and Ethics in Washington (CREW) and other lawyers.”

      • nxdefiant@startrek.website
        link
        fedilink
        arrow-up
        5
        ·
        2 years ago

        Yes, any state could do this. No state will decide who goes on their ballots until after the primaries though. They can “declare” things all they want, but nothing is actionable until the ballots are finalized (and then the suing starts).

      • Jordan Lund@lemmy.one
        link
        fedilink
        English
        arrow-up
        2
        ·
        2 years ago

        Yes, and if he becomes the nominee, that will have to be done. But in the end it won’t matter unless enough states successfully do it to deprive him of 270 electoral college votes.

  • nutsack@lemmy.world
    link
    fedilink
    arrow-up
    14
    arrow-down
    8
    ·
    2 years ago

    they would have to convict him first. maybe that’s part of the reason they want to delay the trial.

    • Saracha@lemmy.world
      link
      fedilink
      arrow-up
      19
      ·
      2 years ago

      Notably the constitution doesn’t actually require a trial of any sort. The amendment was put in after the civil war, it would have been impossible to have a trial for everyone that participated in the Confederacy. Bit of an open question how that gets determined nowadays though.