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Florida Lawyer Sues Trump to Disqualify Him From 2024 Race
(www.thedailybeast.com)
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this post was submitted on 26 Aug 2023
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Well according to the theory of the case the 14th amendment is self-executing, so it doesn't require that Trump be convicted. It remains to be seen how well that stands up in court however.
The trick is the language of the 14th:
Forbids anyone from holding office who "shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability."
What does "shall have engaged" mean? Who decides if they actually engaged or not? This is why we need a court decision, as we had in the other guy who was removed. He was convicted of conspiring to overthrow the government, he got removed from office.
Trump and his ilk are going to argue that they were the legitimate rulers, that the rebellion was AGAINST THEM. That's why we can't just kick them out without a ruling.