The 14th Amendment to the Constitution bans anyone who “engaged in insurrection or rebellion against” the U.S. from holding office.
A Florida lawyer is suing Donald Trump in an attempt to disqualify his current run for president. Lawrence A. Caplan’s Thursday lawsuit claims that the ex-president’s involvement in the Jan. 6 Capitol riot would make him ineligible to run again, thanks to the Constitution’s 14th Amendment—a Civil War-era addition aimed at preventing those who “engaged in insurrection or rebellion against” the U.S. from holding office. “Now given that the facts seem to be crystal clear that Trump was involved to some extent in the insurrection that took place on January 6th, the sole remaining question is whether American jurists who swear an oath to uphold the U.S. Constitution upon their entry to the bench, will choose to follow the letter of the Constitution in this case,” the lawsuit says, also citing Trump’s alleged efforts to overturn the 2020 election results in Georgia. Legal experts say it’s an uphill battle to argue in court, since the amendment has hardly been exercised in modern history. “Realistically, it’s not a Hail Mary, but it’s just tossing the ball up and hoping it lands in the right place,” Charles Zelden, a professor of history and legal studies at Nova Southeastern University, told the South Florida Sun Sentinel.
archive link to South Florida Sun Sentinel article: https://archive.ph/1BntD
Let the people decide his fate through a free and fair election
Is it your opinion that nobody should ever be disqualified from running for any elected office, for any reason?
Correct. The will of the people is integral to our democracy.
Rule of law and peaceful transition of power are also pretty important to your democracy.
Do you support suspending the constitution to allow someone disqualified from election to take office?
Or do you just support amending the constitution?
If someone is constitutionally disqualified then they obviously can’t run for office. Trump has not been charged with insurrection or rebellion as per the 14th Amendment so he can still run.
What is the process for establishing if someone is barred from office by the 14th amendment?
Would they not have to be convicted of insurrection or rebellion?
Are those specific felonies?
Hey not to harrass you or anything, but you may find this comment chain informative:
https://kbin.social/m/news@lemmy.world/t/400592/-/comment/1969045
Cheers from America’s hat.
Felons aren’t allowed to vote bootlicker.
I’m sorry to hear you can’t vote, however, my point stands. If you don’t like democracy you shouldn’t live in a democratic nation.