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this post was submitted on 18 Mar 2024
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Surely you know this by now, a verdict is not required to invoke the ammendment.
Sadly it seems the Supreme Court thinks otherwise for presidential candidates.
Sadly this is why the supreme court is ILLEGITIMATE!
Not from the US, so I could easily be wrong. My understanding is that due process still applies as per the 5th amendment. It would need to be shown beyond a reasonable doubt that he played a role in the insurrection and charged federally.
Section 3 would then be self-executing (I.e. with immediate effect), unless this disability to hold office was removed as outlined in that section. Of course, this presumes a sensible interpretation of the wording used, and not what SCOTUS added - unnecessarily requiring congress to act to both instate and remove the disability to hold office.
It didn't apply the last time we barred ppl from office.