Posted on 01/06/2022 7:46:51 AM PST by RandFan
In the year since the Jan. 6 attack on the Capitol, a handful of Democrats, constitutional scholars and pro-democracy advocates have been quietly exploring how a post-Civil War amendment to the Constitution might be used to disqualify former President Trump from holding office again.
Calls for Congress to take steps to strip Trump of his eligibility, which reached a crescendo in the aftermath of the Jan. 6 riot, have since decreased. But those who remain engaged on the issue say discussions about applying Section 3 of the 14th Amendment have been ongoing.
“If anything, the idea has waxed and waned,” said Laurence Tribe, a constitutional expert at Harvard Law School. “I hear it being raised with considerable frequency these days both by media commentators and by members of Congress and their staffs, some of whom have sought my advice on how to implement Section 3.”
An analysis by The Hill found that around a dozen Democratic lawmakers have spoken either publicly or privately over the last year about how Section 3 of the 14th Amendment might apply to those who engaged in insurrection on Jan. 6.
Among those whose offices have spoken recently with Tribe are Rep. Jamie Raskin (D-Md.), who sits on the Jan. 6 House Select Committee; Rep. Jerry Nadler (D-N.Y.), who chairs the powerful House Judiciary Committee; and Rep. Debbie Wasserman Schultz (D-Fla.).
“I continue to explore all legal paths to ensure that the people who tried to subvert our democracy are not in charge of it,” Wasserman Schultz told The Hill.
(Excerpt) Read more at thehill.com ...
DeSantis is rolling over and letting them win?
Yep. Time to ban communists from holding office.
Laurence Tribe, an uber-leftist.
That’s assuming DeSantis even runs, and that’s a big if.
Try it and see. They weren’t armed last year. Next time?
Btt
He should not. Florida needs him. America needs Trump, or someone like him.
Exactly so!
Maybe we need to open Kazakhstan to unlimited immigration in order to rebuild the American backbone...
I hear ya. All I’m saying is there is only one DJT and while the left will naturally go after any alternative, at least in the past they have not gone after a republican president with the same visciousness, including his family and private businesses. I want Trump’s ideas and MAGA to succeed, not for him to win only to be harrassed and blocked to the point he can’t get anything done.
Re Ruthlessness:
Gee… I really wish our side would be ruthless once in a while, when it came to dealing with Democrats…
Bkmk
He is that.
I’m not voting for anyone else.
The 14th is an amendment so would override that clause where applicable. >However, it will backfire.
14th specifies 2/3 votes of both houses to remove disabilities under it. NOT easy so if they can actually get away with achieving this achieving backfire would be quite hard.
The language of section 3 of the 14th could by partisan conservative interpretation apply to a large swath of elected and appointed democrats and assistant democrats across executive, judicial and legislative branches at federal, state and local levels. But the amendment's language is incomplete; the important details lie in the implementing legislation, if any, passed regarding this. Timing says it was aimed at post-Civil War southern democrats, but its language is not narrowed to that. But the 14th doesn't specify the details of how to apply that, it delegates the details, via section 5: "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article." The big question is whether such legislation is already exists, ready to use or whether something new would need to be enacted. I don't know the answer. My recollection, from trying to research that some time ago, was that there was very little experience regarding this clause. I don't know whether it was ever even used post-Civil War. History records Pres. Andrew Johnson's general pardon as freeing up former Confederates, but a presidential pardon shouldn't undo actions from this. I think the section was used narrowly c 1920 against someone and then subsequently that action was undone, but don't have the details in front of me. A good constitutional and legislative history review is called for here. Mark Elias's involvement is grounds for concern as although he works for the foolish he's not a fool himself and has access to those good at twisting the record and selling it as 'facts' vis the MSM. We need to be well prepared to fight such. If they need new legislation to accomplish this then we can try to block it. If they can just twist old legislation to suit their needs we need to be prepared to fight that.
The best way for this to happen is for DJT to become a “king maker”, to groom someone for the office.
Ex Post Facto + Bill of Attainder = Unconstitutional.
Wouldn’t he have to be charged AND convicted of insurrection before they could ban him from office?🙄
This unfortunately.😖
would’nt wanna make the left “feel uncomfortable” now, would we?
The only way to deal with the left is to CONSTANTLY rub their nose in the @#it they make up. Never, ever, let go of their neck-they will bite you first chance they get-and tell you its your fault for letting go of their neck
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