this post was submitted on 24 Aug 2023
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politics

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[–] malloc@lemmy.world 112 points 1 year ago (3 children)

Given that a conviction does not stop this person from running as a candidate for POTUS. I wish the media would stop giving this guy air time.

It’s all he wants. He didn’t show up to the GOP debate yet somehow still got equal mentions in mainstream media.

Even local news channels airing his prerecorded shit. Like bro, I want the traffic and weather updates. Not this bs

[–] EnderWi99in@kbin.social 41 points 1 year ago* (last edited 1 year ago) (2 children)

The Constitution itself would suggest he's already barred from running. I am just hoping someone takes this up and actually challenges it in the courts well ahead of time. Disqualification comes the moment you're even brought to trial on sedition charges. This was incorporated language following the Civil War as there otherwise would have been too many people to disqualify individually through the litigation process ahead of future elections.

This article does a good job explaining this provision within the 14th Amendment: https://www.nytimes.com/2023/08/10/us/trump-jan-6-insurrection-conservatives.html

[–] thesprongler@lemmy.world 47 points 1 year ago (1 children)

They cherry-pick the Constitution more than the Bible. That doesn't mean anything to them.

[–] reverendsteveii@lemm.ee 11 points 1 year ago

The corrupt supreme court has literally ruled that part of the text of the second amendment is the absolute unchallengable law of the land and another part just doesn't count. They don't just pick the cherries, they pit them as well.

[–] MorrisonMotel6@lemm.ee 11 points 1 year ago* (last edited 1 year ago) (1 children)

I am just hoping someone takes this up and actually challenges it in the courts well ahead of time.

I personally know someone working to file suit against the state AG to bar trump from the ballot in their state, so there are things going on. Whether they're successful or not is anyone's guess.

My guess is "no, they won't be." The 14th may in fact bar someone from holding office, however, it's my personal belief the 5th and the 14th both require them to be convicted of said offenses to first trigger the bar

[–] dhork@lemmy.world 11 points 1 year ago (1 children)

The 14th may in fact bar someone from holding office, however, it's my personal belief the 5th and the 14th both require them to be convicted of said offenses to first trigger the bar.

When the 14th amendment was passed, it was interpreted quite broadly to mean anyone who was involved in the Confederacy, in any capacity. It had nothing to do with any conviction. And in 1872, Congress passed an "amnesty act" limiting the restrictions to politicians and military officers, implying that even grunts in the Confederate army were deemed disqualified until the act passed.

https://en.m.wikipedia.org/wiki/Amnesty_Act

[–] FuglyDuck@lemmy.world 6 points 1 year ago

The 14th also contains the due process clause which would seem to require some form of court process before precluding anyone from participating in their right to seek office.

Not that I like it at the moment, but it’s there

[–] ohlaph@lemmy.world 1 points 1 year ago

He should be. The other republicans are afraid.