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To: LS
The real fight over Section 3 of the 14th amendment should be the Amnesty Act of 1872.

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.

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.

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.

-PJ

27 posted on 09/16/2023 12:18:10 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: Political Junkie Too

I disagree that an Act ever has legal relevance to an Amendment, particularly if in more recent cases the amendment was invoked.


29 posted on 09/17/2023 10:16:53 AM PDT by LS
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