858
submitted 1 year ago* (last edited 1 year ago) by uphillbothways@kbin.social to c/politics@lemmy.world

The 14th Amendment to the Constitution bans anyone who “engaged in insurrection or rebellion against” the U.S. from holding office.

A Florida lawyer is suing Donald Trump in an attempt to disqualify his current run for president. Lawrence A. Caplan’s Thursday lawsuit claims that the ex-president’s involvement in the Jan. 6 Capitol riot would make him ineligible to run again, thanks to the Constitution’s 14th Amendment—a Civil War-era addition aimed at preventing those who “engaged in insurrection or rebellion against” the U.S. from holding office. “Now given that the facts seem to be crystal clear that Trump was involved to some extent in the insurrection that took place on January 6th, the sole remaining question is whether American jurists who swear an oath to uphold the U.S. Constitution upon their entry to the bench, will choose to follow the letter of the Constitution in this case,” the lawsuit says, also citing Trump’s alleged efforts to overturn the 2020 election results in Georgia. Legal experts say it’s an uphill battle to argue in court, since the amendment has hardly been exercised in modern history. “Realistically, it’s not a Hail Mary, but it’s just tossing the ball up and hoping it lands in the right place,” Charles Zelden, a professor of history and legal studies at Nova Southeastern University, told the South Florida Sun Sentinel.

archive link to South Florida Sun Sentinel article: https://archive.ph/1BntD

you are viewing a single comment's thread
view the rest of the comments
[-] dball37@lemmy.world 14 points 1 year ago

There are rules about who can and can't run. It's not an open ballot.

[-] nucleative@lemmy.world 2 points 1 year ago

These are black and white rules, not easily subject to debate. If you qualify, you qualify.

[-] BigNote@lemm.ee 2 points 1 year ago

And if you don't, you don't. That's precisely the point.

[-] dball37@lemmy.world 1 points 1 year ago

14th amendment, section 3. That's not black and white.

[-] nucleative@lemmy.world 1 points 1 year ago

Yes that's what most of the discussion revolves around, and the idea of who defines what an insurrection is and who's guilty, because the amendments don't define this. Some dictionary definitions seem to include minor behavior as mundane as running a protest or making a public statement of disagreement with the current government, which would likely vacuum up any person you'd ever want to vote for.

In the comment you replied to, I was thinking about these constitutional requirements:

-Be a natural-born citizen of the United States -Be at least 35 years old -Have been a resident of the United States for 14 years

Which I think we can agree are either true or false for Amy given candidate and difficult to argue factually. That isn't true, however, of the 14th amendment concept, which is, in my argument, better left to the voters to decide rather than a small number of judges and lawyers.

[-] dball37@lemmy.world 2 points 1 year ago

I don't think it's good to resort to the election to determine a complex legal ruling. It wouldn't simply be ruling him eligible it not as the case would be in court. It would just make him president if enough people want him. There are many reasons that people pick who they vote for. I would prefer a ruling on the 14th amendment issue to be based only in that and made by people who understand constitutional law.

I understand your reservations about leaving that jn the hands of the judiciary, but for that type of thing I don't think just letting the election decide is the appropriate course of action.

this post was submitted on 26 Aug 2023
858 points (96.9% liked)

politics

18998 readers
2486 users here now

Welcome to the discussion of US Politics!

Rules:

  1. Post only links to articles, Title must fairly describe link contents. If your title differs from the site’s, it should only be to add context or be more descriptive. Do not post entire articles in the body or in the comments.
  2. Articles must be relevant to politics. Links must be to quality and original content. Articles should be worth reading. Clickbait, stub articles, and rehosted or stolen content are not allowed. Check your source for Reliability and Bias here.
  3. Be civil, No violations of TOS. It’s OK to say the subject of an article is behaving like a (pejorative, pejorative). It’s NOT OK to say another USER is (pejorative). Strong language is fine, just not directed at other members. Engage in good-faith and with respect! This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
  4. No memes, trolling, or low-effort comments. Reposts, misinformation, off-topic, trolling, or offensive.
  5. Vote based on comment quality, not agreement. This community aims to foster discussion; please reward people for putting effort into articulating their viewpoint, even if you disagree with it.
  6. No hate speech, slurs, celebrating death, advocating violence, or abusive language. This will result in a ban. Usernames containing racist, or inappropriate slurs will be banned without warning

We ask that the users report any comment or post that violate the rules, to use critical thinking when reading, posting or commenting. Users that post off-topic spam, advocate violence, have multiple comments or posts removed, weaponize reports or violate the code of conduct will be banned.

All posts and comments will be reviewed on a case-by-case basis. This means that some content that violates the rules may be allowed, while other content that does not violate the rules may be removed. The moderators retain the right to remove any content and ban users.

That's all the rules!

Civic Links

Register To Vote

Citizenship Resource Center

Congressional Awards Program

Federal Government Agencies

Library of Congress Legislative Resources

The White House

U.S. House of Representatives

U.S. Senate

Partnered Communities:

News

World News

Business News

Political Discussion

Ask Politics

Military News

Global Politics

Moderate Politics

Progressive Politics

UK Politics

Canadian Politics

Australian Politics

New Zealand Politics

founded 1 year ago
MODERATORS