The problem is this. The 14th Amendment is a Reconstruction era U.S. Constitutional amendment that is flawed. Designed to prevent the defeated Confederate officer corp and slavocracy from running in the elections, it was never intended to go seriously beyond that as another Civil War was never considered. What we are talking about is Section 3 of the Amendment:
> > > > 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. > > At no place does it indicate HOW some one is considered to have committed or engaged in insurrection or rebellion. There simply is no mechanism to charge someone with violation of this Section. No court or panel is mentioned. Thus it is left hanging. As Trump was never convicted of rebellion (he is under indictment for this), he really can't be kept off the ballot. It would be politically suicidal for the Democrats if he was kept off the ballot and, indeed, it would also set a somewhat bad capitalist-electoral precedent if he was. David -=-=-=-=-=-=-=-=-=-=-=- Groups.io Links: You receive all messages sent to this group. View/Reply Online (#29265): https://groups.io/g/marxmail/message/29265 Mute This Topic: https://groups.io/mt/104733450/21656 -=-=- POSTING RULES & NOTES #1 YOU MUST clip all extraneous text when replying to a message. #2 This mail-list, like most, is publicly & permanently archived. #3 Subscribe and post under an alias if #2 is a concern. #4 Do not exceed five posts a day. -=-=- Group Owner: [email protected] Unsubscribe: https://groups.io/g/marxmail/leave/8674936/21656/1316126222/xyzzy [[email protected]] -=-=-=-=-=-=-=-=-=-=-=-
