Melian wrote:
“
Dershowitz on Colorado:
https://www.dailymail.co.uk/news/article-12886511/colorado-court-trump-alan-dershowtitz.html
“
From the article:
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In fact, the 14th Amendment explicitly provides that ‘The Congress shall have the power to enforce by appropriate legislation, the provisions of this article.’
It’s clear that this measure was never intended to turn the enforcement mechanisms over to individual states and their courts.
.....
But even if Trump were to be convicted in Washington DC or Georgia for the crime of attempting to overthrow an election that still would not justify invoking the 14th Amendment, because the text does not make the disqualification provisions applicable to a presidential candidate.
The language of the amendment only applies to politicians who have taken the congressional oath — not the presidential oath. The text specifies an oath to ‘support’ the Constitution, which is the operative word in the congressional oath. The operative words in the presidential oath are ‘preserve, protect and defend’ the Constitution.
This is a technical distinction but coupled with the absence of the word ‘president’ and the presence of the words ‘senator or representative’, it cannot be said with certainty that the framers of the amendment intended for it to provide for the disqualification of candidates for the highest office in the land.
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A-XIV
“No person shall be a Senator or Representative in Congress, or \\\elector\\\ of President and Vice-President, or >>>hold<<< any office, civil or military, etc.”
and “but >> Congress may by a vote of 2/3 of each House, remove this disability <<”
No constraint on the Office of the President, just ‘electors’.
No constraints on campaigning for President, just “holding elected office”
Congress [only] is charged with removing the disability and then only AFTER the office is held.
If a ne’er-do-well is voted into office, ONLY CONGRESS can act on the disability encumbered by the 14th.
Who can \campaign\ for the Office?
Anyone.
Who can hold the office?
Only those that meet the qualifications and characteristics.
Obama, Cruz, Kamala and Ramaswamy, who don’t meet the NBC qualification, can campaign all they want.
Congress is the only Constitutional body that can act on any encumbrances.
If they have the balls to do so.