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Historic hearings begin on whether 14th Amendment disqualifies Trump from 2024 race
(abcnews.go.com)
this post was submitted on 30 Oct 2023
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I'm inclined to agree. It's obvious that Trump is guilty of attempting a coup, however he has not yet been legally convicted of that.
People, please stop downvoting the above comment because you don't like Trump. I wish all of the world's ills on Trump, but that doesn't make reddig33 wrong. Nobody should be able to be stripped of their rights without a conviction. Our justice system works achingly slow - especially when this situation is without precedent.
Qualification for an elected office is not a right. There are other constitutional requirements which must be met in order to be qualified to run for office. For President, the person must be at least 35 years of age, for example.
Another qualification is that you have not engaged in insurrection or rebellion, or given aid or comfort tp the enemies of the United States, after having taken an oath as an elected official to support the Constitution.
Disqualification from office is not punishment for a crime.
"Another qualification is that you have not engaged in insurrection or rebellion, or given aid or comfort tp the enemies of the United States, after having taken an oath as an elected official to support the Constitution."
This has to be proven. Obviously it happened, but from a legal standpoint, that has not yet been proven in court.
Can you show me what part of Amendment 14, Section Three, states that a conviction is required?
Can you show me where it doesn't?
The fact is that this is untested legal grounds, which is why it's headed for court in multiple venues. As usual, the Constitution is vague and open to interpretation. I personally hope he is barred from running, but I stand firm that nobody should ever be stripped of any rights without a conviction first. Doing otherwise is a scary precedent.
Here's where it's not stated:
Amendment 14, Section Three:
It's not untested legal ground. Many Confederates were disqualified from office on this basis, some were removed from office. There is precedent. Edit: There was a county office holder in ... AZ? NM? I forget -- who was essentially removed from the ballot on this basis. The judge found that Jan 6 was an "insurrection" and that he had "engaged in" it, but the election happened before any further action was taken, and the guy lost anyway, so it was moot.
The Sweep and Force of Section Three is worth a read.
Edit: The reason it's going to court in multiple venues is because it is the job of the Secretary of State for each state to determine who is and is not qualified to be elected. As such, it would be reasonable for a Secretary of State to disqualify Trump (at least) from the ballot, after which, Trump would file suit to reverse that. In the cases going on now, parties with standing are filing suit to compel the Secretary of State to perform the duty of their office.
Here is Section 3 (with emphasis added):
I emphasized where it defines who is barred from office and doesn't state a conviction is required.
I wasn't born in US, so I can't be president, where's my conviction?
BTW: 14 amendment applies to people who were in the government, and broke their oath. It is basically enforcing it and preventing those people from being part of the government that they betrayed. There's even a clause where house and senate can vote 2/3 to reinstate such person.
I think you forget that he was impeached for it.
No action was taken because his party controlled that, but he was nevertheless impeached.
And he won't be. The J6 indictment accuses him taking advantage of it, not starting it. The likely reason why Jack Smith did that was because Trump would start appeal that because of impeachment that's a double jeopardy and delay everything further.
If someone involved in insurrection while being in the office they should not have privilege of running again.