Barnes had better watch out. He may be indicted for writing this essay on the inapplicability of the 14th Amendment.
“section 5 clarifies who can enforce this provision...”
Section 5 doesn’t prevent a court from enforcing Section 1 and there is no reason why it would prevent a court from trying to enforce Section 3.
A court in New Mexico has barred (and tossed out) a J6 defendant from public office.
I have for years called for Biden to be tossed from office by a court for violating via his Brady Bill vote the Amendment VI right of Americans to be secure in the possession of their firearms.
Yep!
Moreover, several former Confederates held office under the United States!!
the 14th Amendment is not applicable at all to this situation now
except that PDJT is patently being denied proper equal protection and due process of the law
So the president is not considered an officer of the United States?
John Bachelor had an interview on his radio program with Richard Epstein of the Hoover Institution on this topic the other night.
For anyone so inclined, no. one with a link to no. 2 (both short):
The democRATS could care less about what applies, does not apply, and/or has nothing to do with anything. The democRATS already ignore any and all rules, regulations and laws if they decide to. Without a conscience and a soul, anything is possible. They will dream up laws, and ‘create’ evidence. They attempted the tried-and-true sexual accusations against President Trump. He laughed, and immediately ATTACKED. None of the ‘stories’ they created were true.
What really irks and drives the them crazy, the Left, the Deep State, the Ruling Class, is that President Trump never stops fighting, keeps telling the truth, has enough money* to fight hard, and, as Rush often reminds us, has FUN doing it.
*money. President Trump has money the old fashioned way, he earned it. So, so many democRATS enter office without much money, and.... Shazam, they are rolling in doe (other people’s money).
it does apply to biden
It doesn’t say how it is determined that someone engaged in insurrection or rebellion. Of course when the amendment was adopted everyone knew it meant Confederates. But it doesn’t say you have to be convicted in a court of law. So perhaps being accused on TV by a Congressman of the opposing party is sufficient grounds to bar someone. Some states could try that.
- Any offenses (real or not) were addressed in the two impeachments by the House and non convictions by the Senate.
- The “judicial” actions against him as President are now closed and moot.
- January 6th to January 20th 2021 was the two-week timeframe that Nasty Nancy and her cabal had to press their case—admittedly it would be on a super-expedited track—to hang something on him with a conviction in the Senate.
- They didn’t.
quotes from POLITIFACT:
“A great report by Peter. Statistically impossible to have lost the 2020 Election. Big protest in D.C. on January 6th. Be there, will be wild!” [Dec.19]
https://peternavarro.com/the-navarro-report/
“The ‘Justice’ Department and the FBI have done nothing about the 2020 Presidential Election Voter Fraud, the biggest SCAM in our nation’s history, despite overwhelming evidence. They should be ashamed. History will remember. Never give up. See everyone in D.C. on January 6th.” [Dec. 26]
“We are excited to announce the site of our January 6th event will be The Ellipse in the President’s Park, just steps from the White House!” [Jan. 3]
“Unbelievable, what we have to go through, what we have to go through and you have to get your people to fight. If they don’t fight, we have to primary the hell out of the ones that don’t fight. You primary them. We’re going to let you know who they are, I can already tell you, frankly.”
“Mike Pence is going to have to come through for us. And if he doesn’t, that will be a sad day for our country because you’re sworn to uphold our constitution. Now it is up to Congress to confront this egregious assault on our democracy.”
“We’re going to walk down to the Capitol, and we’re going to cheer on our brave senators, and congressmen and women. We’re probably not going to be cheering so much for some of them, because you’ll never take back our country with weakness. You have to show strength, and you have to be strong.”
“We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated, lawfully slated. I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard. Today we will see whether Republicans stand strong for integrity of our elections, but whether or not they stand strong for our country, our country. Our country has been under siege for a long time, far longer than this four-year period.”
“Please support our Capitol Police and Law Enforcement. They are truly on the side of our Country. Stay peaceful!” he tweeted at 2:38 p.m. By that point, the mob had already shattered windows as they pushed inside the building.
His video statement repeated false claims about the fraudulent election and said, “We have to have peace. So go home. We love you. You’re very special.”
https://www.politifact.com/article/2021/jan/11/timeline-what-trump-said-jan-6-capitol-riot/
It is very clear that the authors of Section 3 did not mean to include the President and that is why they specifically mention Electors OF the President, it seems pretty likely they did not intend for the Vice President to be subject to this section also.
Text of H.R.2761 of the 42nd Congress:
To remove political disabilities of the 14th article of the amendments of the Constitution of the United States.There is some debate as to whether this was limited to Civil War participants or did the act remove the penalties in perpetuity? It appears that SCOTUS never ruled on this, as the closest it got was the 11th Circuit which dismissed it as moot.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That all political disabilities imposed by the third section of the 14th article of the amendments of the Constitution of the United States are hereby removed from all persons whomsoever, except Senators and Representatives of the Thirty-six and Thirty-seventh Congresses, officers of the judicial, military, and naval services of the United States, heads of Departments, and foreign ministers of the United States.
-PJ