Sunday, August 20, 2023

Let's try the 14th Amendment

Well, this is interesting:

"No person shall be a Senator or Representative in Congress, or elector or President and Vice-President or hold any office, civil or military, under the United States or under any state, who, having previously taken an oath, as a member of Congress or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, 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."

That's Section 3 of the 14th Amendment (1868) to the Constitution. It's not a particularly easy read, say, like a James Patterson novel or your everyday sports page, but there it is – a pathway to keep Mafia Don from running for president again.

Well, at least in theory.

It was originally designed to keep former Confederates from entering Federal government after the Civil War. That's logical enough if you consider the Confederacy to be an immoral (a slave state) and treasonous (anti-Constitutional) conspiracy.

Our Constitution is genius. It anticipated the arrival of Mafia Don.

The clause, however, known as the "disqualification clause," has never been tested.

Since we've never had a president question the outcome of a free and fair election before, and we've never had a president incite an insurrection before (or had a president liable for sexual assault, or impeached twice or indicted four times for a total of 91 crimes – including racketeering), we're treading upon previously untreaded ground here.

The clause, as it reads, gives Congress the power to disqualify someone who has already held a public office from holding "any office" if they participate in an "insurrection or rebellion" against the United States. 

While the clause applies to current or former federal officials, there is a question as to whether or not it applies to the presidency.

I suspect that if the clause is ever invoked, it ultimately will be headed to the Supreme Court. You know, the Supreme Court that is currently dealing with its own issues of lapses in ethics and morals. Supreme, indeed.

I don't know if invoking the 14th Amendment will actually succeed, but as 2024 approaches with more and more speed, and as the indictments weigh more heavily upon Mafia Don's shoulders, I bet you'll hear more and more about it. It would certainly be interesting to see the 14th Amendment play out against a fascist former president who actually called for the suspension of the Constitution (see here.)

Very interesting, indeed.

 


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