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can't believe this is a real headline (lemmy.world)

submitted 1 week ago by [email protected] to c/[email protected]

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[–] [email protected] 56 points 1 week ago (2 children)

Trump doesn't qualify for president, per the 14th amendment. I'm kind of pissed that the fucking constitution is being treated as novel law and not the foundation for our laws.

[–] [email protected] 18 points 1 week ago (1 children)

But that is in an amendment so it only has to be followed 3/5ths of the way.

I'm actually really surprised we didn't have a new lawsuit about his ability to take the oath of office. Not that it will actually matter but these Trump sycophants should have to state publication they don't care what the law says.

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.

[–] [email protected] 5 points 1 week ago (1 children)

https://www.bbc.com/news/world-us-canada-61084161

None of that has been tried in a court since the supreme Court ruling. And insurrection isn't even one of the charges in the indictment.

We can't have a lawsuit about that till a ruling is handed down saying he did any of those things

Which the Republicans knew, so they just had to delay until he won again and can pardon/dismiss/fire Jack smith/etc

[–] [email protected] 7 points 1 week ago* (last edited 1 week ago) (1 children)

Nothing in the 14th section 3 says he must be charged with it even tried for insurrection. The Colorado trial court judge, after hearing all of the J6 evidence against Trump, found that he did engage in insurrection but did not remove him from the ballot. https://www.citizensforethics.org/news/press-releases/appeal-filed-in-colorado-14th-amendment-case/

The Colorado Supreme Court eventually ruled that he should be removed from the primary ballot.

SCOTUS did not take up the question of if Trump had participated in an inspection ~~inspection~~, they only ruled that a state could not remove a candidate under the 14th section 3.

Edit: a word

[–] [email protected] 2 points 1 week ago

SCOTUS did not take up the question of if Trump had participated in an inspection ~~inspection~~, they only ruled that a state could not remove a candidate under the 14th section 3.

Which is odd, since the constitution CLEARLY and DIRECTLY states that it takes an act of congress to put an insurrectionist onto the ballot. So requiring congress to take them off isn't just unfounded, it's in direct contradiction to what's written.

[–] [email protected] 7 points 1 week ago

Which also shows the danger of the already eroding democracy...