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this post was submitted on 20 Dec 2023
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So you're reasoning is that we shouldn't legitimately use the constitutional amendment to bar a criminal insurrectionist from running for president because other criminals may fraudulently use the same amendment in the future?
"If you legitimately try to stop the criminals with laws, those criminals may use those same laws illegitimately in the future" is not a reason to let them get away with their bullshit.
Far from it, and you are making exactly my point. I think a “criminal insurrectionist” (as in criminally convicted) should be removed from the ballot. Doing this to somebody who is not convicted opens the door to all kinds of shenanigans.
Section 3 of the Fourteenth Amendment does not expressly require a criminal conviction. In fact, there had not been a conviction in ANY of the instances where the amendment was invoked.