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To: SmokingJoe
You cannot ban anybody from running for office.

Section 3 of the 14th Amendment says that you can under certain circumstances.

Alcee Hastings says, “Hello”

What insurrection did he participate in?

36 posted on 02/14/2021 9:16:42 AM PST by DoodleDawg
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To: DoodleDawg
Can you elaborate on what "certain circumstances" might be?

Questions to consider:

  1. Section 3 of the 14th amendment says "shall have engaged in insurrection or rebellion against the same..." Is there a body that must determine that an insurrection or rebellion had occurred? Who would be that body, Congress? The Supreme Court? The state where the insurrection or rebellion occurred?
  2. Section 5 of the 14th amendment says "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article." What would be an example of "inappropriate legislation," a bill of attainder perhaps? What would "appropriate legislation" look like?
  3. What would an appropriate process look like?
    1. Pass legislation under the 14th amendment Section 5 defining insurrection as storming, or causing to storm the Capitol Building.
    2. Pass a resolution declaring that Donald Trump caused rioters to storm the Capitol Building.
    3. Pass a resolution declaring Donald Trump violated the 14th amendment and is ineligible to hold future office.
  4. What would be the appeal process? Wouldn't President Trump go to SCOTUS to seek them to discard the legislation as unconstitutional because it is too broad in defining an insurrection that might also include when liberals stormed the Supreme Court and tried to pry open the doors?
  5. In other words, how would Congress pass "appropriate legislation" that would not be a bill of attainder and would stand up to Supreme Court review?

-PJ

44 posted on 02/14/2021 9:28:15 AM PST by Political Junkie Too (Freedom of the press is the People's right to publish, not CNN's right to the 1st question.)
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To: DoodleDawg
Section 3 of the 14th Amendment says that you can under certain circumstances.

See post 30
“Congress does not have the power to “convict” anyone of any crime against the United States (or any other crime). They simply have the power to impeach, remove and bar from office an officer of the US WHILE that person is in office.”

Its entirely up to the courts. The Dems in congress don't have the power to do sh*t.

What insurrection did he participate in?

Oh Alcee Hastings was only impeached twice and convicted by the Senate for massive corruption. Last time I looked d he was still sitting in the US House of Representatives.

“The Senate met in open session, and by a vote of 69-26 found Hastings guilty on the first article, then proceeded (by almost the same margins) to find him guilty of seven more articles. “

And oh, President Trump did NOT participate in ANY insurrection.
Go peddle your nonsense elsewhere.

46 posted on 02/14/2021 9:32:39 AM PST by SmokingJoe
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