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Basic Constitutional Law (lemmy.world)

submitted 10 months ago by FlyingSquid@lemmy.world to c/politicalmemes@lemmy.world

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[–] FlyingSquid@lemmy.world 38 points 10 months ago (2 children)

14th Amendment to the U.S. Constitution:

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.

This is why Trump was taken off the ballot in Colorado. The court found that he engaged in insurrection.

[–] joemo@lemmy.sdf.org 6 points 10 months ago (1 children)

Thank you! Makes sense there is something about it, but I didn't search hard enough. Should have looked closer at that court case.

[–] FlyingSquid@lemmy.world 4 points 10 months ago

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.

[–] Knock_Knock_Lemmy_In@lemmy.world 0 points 10 months ago (1 children)

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.

[–] FlyingSquid@lemmy.world 5 points 10 months ago

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.