I agree with the minority.
SCOTUS should have just ruled narrowly on this. Not a state’s issue and be done.
The use of the 14th for something other than what it was intended, was to keep Pres. Trump from a 2nd term.
Nothing more.
So, now let’s say, the same scenario with Pres. Trump’s 2nd term.
Super rat majority in the house and senate.
(We need to keep our eyes on those balls...almost more important the Pres. Trump getting elected)
Charges a President with insurrection and sends the referral to DOJ.
DOJ decides to indict.
Will there be a trial ?
If so, where will the trial be held ?
D.C.
Guessing there would be no appeal to SCOTUS because SCOTUS already left it up to Congress ?
The 14 th amendment does not overturn due process. Congree as the power to enforce the constitutional provision by passing a law because the amendment says so. The judiciary hears the case as they hear all cases and controversies. on conviction the appellate courts can hear appeals. The five did no over elaborate. Explaining that the Congress has the power of enforcement is necessary to explain that states don’t have enforcement powers. It is not a vacuous provision with no one to enfranchise it leaving it open to the states. Congress enforces it. ACB is being a legal half wit in severing who has power from who doesn’t. Laws are interpreted as a whole and not peacemeal.