• Flying Squid@lemmy.worldOP
    link
    fedilink
    arrow-up
    40
    ·
    11 months ago

    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.

      • Flying Squid@lemmy.worldOP
        link
        fedilink
        arrow-up
        4
        ·
        11 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
      link
      fedilink
      arrow-up
      3
      ·
      11 months ago

      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.

      • Flying Squid@lemmy.worldOP
        link
        fedilink
        arrow-up
        5
        ·
        11 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.

        • Knock_Knock_Lemmy_In@lemmy.world
          link
          fedilink
          arrow-up
          2
          ·
          11 months ago

          Senate has to convict him to bar him from office

          The Senate has to agree that he should be barred. That hasn’t happened.

          any state does not have the right to control its own ballot.

          A dangerous precedent if fascists get into power. Clear rules are needed.

          • Flying Squid@lemmy.worldOP
            link
            fedilink
            arrow-up
            5
            ·
            11 months ago

            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.

            • Knock_Knock_Lemmy_In@lemmy.world
              link
              fedilink
              arrow-up
              1
              ·
              11 months ago

              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.

              • jimbo@lemmy.world
                link
                fedilink
                arrow-up
                3
                ·
                edit-2
                11 months ago

                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.

                • Knock_Knock_Lemmy_In@lemmy.world
                  link
                  fedilink
                  arrow-up
                  1
                  ·
                  11 months ago

                  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.