• FlowVoid@lemmy.world
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    9 months ago

    The 14th Amendment applies to insurrections, not just wars.

    Any attempt to stop the function of government by force is an insurrection, including the Whiskey Rebellion, the Civil War, and Jan 6.

      • FlowVoid@lemmy.world
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        9 months ago

        Insurrection has a legal definition, and that’s the definition that counts.

        Judges are the ones responsible for deciding whether a legal definition applies, and so far all those involved said it does.

        • CableMonster
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          9 months ago

          Do you see the issue with one judge or a couple judges deciding who get to run for office at their whim?

          • FlowVoid@lemmy.world
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            9 months ago

            Judges already do a lot more than that, they have the power to decide who lives and dies.

            • CableMonster
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              9 months ago

              Thats fair, but Trump running for office could be a lot bigger than that if it leads to domestic conflict.

              • FlowVoid@lemmy.world
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                9 months ago

                Judges generally don’t care if their decisions lead to domestic conflict. Nor should they, that’s how rule of law can succumb to mob rule.

                • CableMonster
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                  9 months ago

                  I understand that, but when judges do things like remove people from ballots over accusation, that is obviously a political decision.

                  • FlowVoid@lemmy.world
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                    9 months ago

                    When they reject congressional maps that violate the Voting Rights Act, that is also political. It has resulted in elected representatives losing their seats. Multiple times.

                    Judges enforce the law, and politics are not above the law