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submitted 8 months ago by silence7@slrpnk.net to c/politics@lemmy.world

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[-] K1nsey6@lemmy.world 0 points 8 months ago

If there was a waiver of due process it would be stated.

But section 14.1 of the 14th amendment reads

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

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.

[-] TWeaK@lemm.ee 1 points 8 months ago

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.

this post was submitted on 05 Jan 2024
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