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this post was submitted on 05 Jan 2024
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He doesn't need to be convicted to be removed from the ballot. He certainly should if he is convicted, but that isn't a requirement under the 14th amendment.
Claiming to support democracy while denying due process? How BlueMAGA of you.
Article 3 of the 14th Amendment has been invoked at least 8 times in the past few centuries. Please review them and explain to me you think how Trump deserves better treatment than the previous 8 people.
Trump doesn't believe in due process. He's literally said as much.
His people don't believe in due process.
If he is allowed to get back into the white house, he will absolutely ignore every single thing preventing him from going full dictator. Due process won't matter to him, the rule of law won't matter to him, the goddamn constitution won't matter to him.
But at least you'll be able to feel smug knowing that you almost got "bluemaga" to be a thing.
It has been a thing, you not being aware of it doesn't mean it doesn't exist.
Your entire comment is meaningless hyperbole.
The latter half may be hyperbolic ... but the former, about article 3 is fact. Cry about it all you want, it's express purpose is to stop assholes like Trump.
Section one is the preamble to all other sections of the amendment. It gives the baseline that all other sections must follow.
Section 3 of the Fourteenth Amendment 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.
https://constitution.findlaw.com/amendment14/annotation15.html
... go on...?
Not having even the basic understanding of the law? How moronic of you.
Basic understanding of law means a basic understanding of due process and how everyone is entitled to it. Not just the people you agree with. Denying due process to those you oppose makes you the same type of dictator liberals claim to hate.
Yes but you don't seem to understand that due process in this case doesn't mean he needs a criminal trial and conviction for him to be removed.
Read the 14th amendment then tell me where it mentions "convicted of insurrection" - it does not. It only mentions participation, or even supporting someone who participated.
Trump is receiving the due process as we speak right now.
If there was a waiver of due process it would be stated.
But section 14.1 of the 14th amendment reads
This precedes section 14.3 which addresses Disqualification from Holding Office. 14.1 due process precedes all other sections of the amendment to establish a requirement for due process in all other sections.
You have my upvote for actually going through the Amendment. Respect.
However, you're still ignoring the point that due process is occurring (at least in Colorado, Maine was definitely dodgy). Trump does not need to be criminally convicted of insurrection, it just needs to be decided in court that he meets the bar of being disqualified from office. The Colorado Supreme Court decided Trump should be removes from the ballot, now the US Supreme Court will decide - that is due process.
Being disqualified under 14.3 has a slightly different set of standards to meet than a criminal conviction for insurrection. Arguably he should also face a criminal charge, and a conviction would make the disqualification a sure thing.
It's a bit like civil vs criminal. If you're convicted of a crime, then the civil trial is basically a slam dunk. However, OJ famously got off on the criminal murder charge, then lost the civil trial for killing his victims. Trump being convicted of the crime of insurrection is a separate type of proceedings to removing him from the ballot for being involved with insurrection.