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this post was submitted on 20 Dec 2023
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politics
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You can be guilty of something without being guilty of something. Thats an interesting way to frame it. What is the precedent here?
A criminal conviction is not required to be disqualified under the 14th amendment. It's not a criminal punishment, but a requirement for holding public office, in the same vein as being at least 35 is a requirement to be President. There haven't been many that have been disqualified under the 14th amendment, but none of them were convicted either.
Whats the precedent here then? Or is the intent for this to be the precedent? I will actually send you a crisp $100 dollar bill if this doesnt get overturned by the US supreme court.
What's going to qualify as "precedent" to you? Another elected official being disqualified from public office after their involvement in the January 6th insurrection, even though they weren't convicted of insurrection? Or something else? Please be specific, I could really use that hundred bucks.
You are conflating New Mexico state authority to a federally elected authority. This is not precedent and im fairly certain the US supreme court would agree.
I'm not conflating anything. State precedent is still precedent, especially since federal precedent has not yet been set for this specific case. None of the other several cases where the 3rd section of the 14th amendment was invoked went to the federal Supreme Court. If you think that means "this is not precedent", then you don't understand the American judicial system.
Former Confederates were barred from holding public office regardless of whether they were actually charged with treason, or anything else