974

Prominent conservative legal scholars are increasingly raising a constitutional argument that 2024 Republican candidate Donald Trump should be barred from the presidency because of his actions to overturn the previous presidential election result.

you are viewing a single comment's thread
view the rest of the comments
[-] oohgodyeah@lemmy.world 34 points 1 year ago* (last edited 1 year ago)

I found the original Atlantic article better written: https://www.theatlantic.com/ideas/archive/2023/08/donald-trump-constitutionally-prohibited-presidency/675048/

Fourteenth Amendment, 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.

[-] Skyhighatrist@lemmy.ca 8 points 1 year ago* (last edited 1 year ago)

If you want that block quote to format correctly, don't indent the >. That way it will turn out like this, instead of a single line that can't fit on the screen without scrolling (some mobile clients like Sync, probably show it alright, but the web client certainly doesn't.):

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.

[-] oohgodyeah@lemmy.world 2 points 1 year ago

Whoops, the indentation was copied over from the source. Corrected, thanks.

[-] mwguy@infosec.pub 5 points 1 year ago

engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.

Convict him of this and he won't be able to run.

[-] FarceMultiplier@lemmy.ca 9 points 1 year ago

The amendment doesn't require conviction, just engagement.

[-] mwguy@infosec.pub 1 points 1 year ago

A conviction is the only way to prove engagement legally. Like you can pass a law that says sex offender can't do X. But you can't enforce it upon someone whose not on the sex offender list.

this post was submitted on 19 Aug 2023
974 points (96.7% liked)

politics

18883 readers
3718 users here now

Welcome to the discussion of US Politics!

Rules:

  1. Post only links to articles, Title must fairly describe link contents. If your title differs from the site’s, it should only be to add context or be more descriptive. Do not post entire articles in the body or in the comments.
  2. Articles must be relevant to politics. Links must be to quality and original content. Articles should be worth reading. Clickbait, stub articles, and rehosted or stolen content are not allowed. Check your source for Reliability and Bias here.
  3. Be civil, No violations of TOS. It’s OK to say the subject of an article is behaving like a (pejorative, pejorative). It’s NOT OK to say another USER is (pejorative). Strong language is fine, just not directed at other members. Engage in good-faith and with respect! This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
  4. No memes, trolling, or low-effort comments. Reposts, misinformation, off-topic, trolling, or offensive.
  5. Vote based on comment quality, not agreement. This community aims to foster discussion; please reward people for putting effort into articulating their viewpoint, even if you disagree with it.
  6. No hate speech, slurs, celebrating death, advocating violence, or abusive language. This will result in a ban. Usernames containing racist, or inappropriate slurs will be banned without warning

We ask that the users report any comment or post that violate the rules, to use critical thinking when reading, posting or commenting. Users that post off-topic spam, advocate violence, have multiple comments or posts removed, weaponize reports or violate the code of conduct will be banned.

All posts and comments will be reviewed on a case-by-case basis. This means that some content that violates the rules may be allowed, while other content that does not violate the rules may be removed. The moderators retain the right to remove any content and ban users.

That's all the rules!

Civic Links

Register To Vote

Citizenship Resource Center

Congressional Awards Program

Federal Government Agencies

Library of Congress Legislative Resources

The White House

U.S. House of Representatives

U.S. Senate

Partnered Communities:

News

World News

Business News

Political Discussion

Ask Politics

Military News

Global Politics

Moderate Politics

Progressive Politics

UK Politics

Canadian Politics

Australian Politics

New Zealand Politics

founded 1 year ago
MODERATORS