See the 14th Amendment to the constitution, added after the civil war. It prevents citizens who previously swore an oath to support the constitution (so any federal employee, person in the military, or federally elected politician including President), and who engaged in insurrection against the United States from being eligible to hold public office.
Is it any citizen or just ones who previously held office? Just curious, it sounds to me like it is directed at people who previously or currently hold office.
It says anyone who had previously taken an oath to support the constitution, which is pretty much any federal government employee, including civilian workers, members of the military, members of Congress, members of the Executive Branch (including the president), members of the Judicial Branch, etc.
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.
This is why Trump was taken off the ballot in Colorado. The court found that he engaged in insurrection.
In the riot’s aftermath, the US House of Representatives impeached the then-president on a charge of “incitement of insurrection”.
Had the US Senate voted to convict him, it would have had the option to take a second, simple-majority vote to bar him from ever serving in office again.
But that never happened: the Senate failed to reach the two-thirds majority required to convict Mr Trump, so there was no second vote.
There is nothing in the 14th amendment that says that the Senate has to convict him to bar him from office. Or that any state does not have the right to control its own ballot.
The Senate has to agree that he should be barred. That hasn’t happened.
There is nothing in the 14th Amendment which claims that, which is why Colorado took him off the ballot.
A dangerous precedent if fascists get into power. Clear rules are needed.
It has been the precedent since the beginning of the nation. The Secretary of State of each state sets the election rules in that state. That’s why some states have mail-in ballots and some states don’t.
As a counterpoint, Arizona Supreme Court and the Michigan Court of Appeals, decided that, in the absence of a criminal conviction, removal from the ballot was unnecessary.
It can also be argued that as primaries are the party choosing who it wants to put forward as a candidate, and parties are private corporations, there is no constitutional relevancy at this stage.
Colorado has a law that says you can’t be on the ballot (even in a primary) if you’re not “qualified” for the office, thus the Constitutional question is relevant in Colorado.
The problem is who decides on the (dis)qualification. In this case one federal judge disagreed with the conclusions of judges in two other states and the majority of the House of Representatives.
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 m****ay by a vote of two-thirds of each House, remove such disability.
The 14th amendment, section 3 disqualifies anyone that “engaged in insurrection or rebellion.” It was written after the Civil War to prevent former Confederates running for office. Many people believe it also applies to Donald Trump.
Forgive me for being dumb, but I only see the 3 requirements for being president Link
Be a natural-born citizen of the United States Be at least 35 years old Have been a resident of the United States for 14 years
Can someone point out what I’m missing?
See the 14th Amendment to the constitution, added after the civil war. It prevents citizens who previously swore an oath to support the constitution (so any federal employee, person in the military, or federally elected politician including President), and who engaged in insurrection against the United States from being eligible to hold public office.
Edit: We really shotgunned you there, didn’t we 🦆
Edit 2: Added info about oath
Hey I appreciate the quick answers! Woke up recently and didn’t feel like searching so thanks for doing the hard work for me.
Is it any citizen or just ones who previously held office? Just curious, it sounds to me like it is directed at people who previously or currently hold office.
It says anyone who had previously taken an oath to support the constitution, which is pretty much any federal government employee, including civilian workers, members of the military, members of Congress, members of the Executive Branch (including the president), members of the Judicial Branch, etc.
14th Amendment to the U.S. Constitution:
This is why Trump was taken off the ballot in Colorado. The court found that he engaged in insurrection.
Thank you! Makes sense there is something about it, but I didn’t search hard enough. Should have looked closer at that court case.
Most people don’t know the Constitution very well even if they’ve read it before (and most people haven’t). So I don’t blame you for not knowing.
https://www.bbc.com/news/world-us-canada-66690276
In the riot’s aftermath, the US House of Representatives impeached the then-president on a charge of “incitement of insurrection”.
Had the US Senate voted to convict him, it would have had the option to take a second, simple-majority vote to bar him from ever serving in office again.
But that never happened: the Senate failed to reach the two-thirds majority required to convict Mr Trump, so there was no second vote.
There is nothing in the 14th amendment that says that the Senate has to convict him to bar him from office. Or that any state does not have the right to control its own ballot.
The Senate has to agree that he should be barred. That hasn’t happened.
A dangerous precedent if fascists get into power. Clear rules are needed.
There is nothing in the 14th Amendment which claims that, which is why Colorado took him off the ballot.
It has been the precedent since the beginning of the nation. The Secretary of State of each state sets the election rules in that state. That’s why some states have mail-in ballots and some states don’t.
As a counterpoint, Arizona Supreme Court and the Michigan Court of Appeals, decided that, in the absence of a criminal conviction, removal from the ballot was unnecessary.
It can also be argued that as primaries are the party choosing who it wants to put forward as a candidate, and parties are private corporations, there is no constitutional relevancy at this stage.
Colorado has a law that says you can’t be on the ballot (even in a primary) if you’re not “qualified” for the office, thus the Constitutional question is relevant in Colorado.
The problem is who decides on the (dis)qualification. In this case one federal judge disagreed with the conclusions of judges in two other states and the majority of the House of Representatives.
14th amendment section 3, emphasis mine
Thank you!
http://wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution
The 14th amendment, section 3 disqualifies anyone that “engaged in insurrection or rebellion.” It was written after the Civil War to prevent former Confederates running for office. Many people believe it also applies to Donald Trump.
Thank you!
Only people who can recognize objective reality believe it.
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