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.

  • oohgodyeah@lemmy.world
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    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
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      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.

    • mwguy@infosec.pub
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      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.

        • mwguy@infosec.pub
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          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.