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gregorum ,
@gregorum@lemm.ee avatar

In recent days, there’s been rising discussion of how the Constitution should, in theory, block Trump from being eligible to run for president again. Multiple legal scholars have pointed out that the 14th Amendment bars people from running who have violated an oath of office previously, “either through overt insurrection or by giving aid or comfort to the Constitution’s enemies.” Notably, the Constitution does not require a formal court conviction on insurrection charges.

By any reasonable measure, of course, this applies to Trump. Even if he insulated himself from direct communication with people convicted of sedition, it’s indisputable that he gave aid and comfort, and continues to do so by championing them and promising them pardons. But, of course, the law is not a button you push that automatically turns the clear language on paper into enforcement in real life. Without a mechanism to enforce the law or the political will to enact it, Trump is coasting straight towards a spot on a ballot he should, by law, be barred from having.

sigh

pingveno ,

One problem that I see. Who is the source of truth on whether he was part of a rebellion or insurrection? The 14th amendment is skinny on details as to what qualifies and process for making that determination.

_Sc00ter ,

rebellion or insurrection

Thats decided by who won. And since trump didn’t win, it’s an insurrection. Had he taken office, it’d be a rebellion.

History is written by the victor

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