I am just hoping someone takes this up and actually challenges it in the courts well ahead of time.
I personally know someone working to file suit against the state AG to bar trump from the ballot in their state, so there are things going on. Whether they're successful or not is anyone's guess.
My guess is "no, they won't be." The 14th may in fact bar someone from holding office, however, it's my personal belief the 5th and the 14th both require them to be convicted of said offenses to first trigger the bar
The 14th may in fact bar someone from holding office, however, it's my personal belief the 5th and the 14th both require them to be convicted of said offenses to first trigger the bar.
When the 14th amendment was passed, it was interpreted quite broadly to mean anyone who was involved in the Confederacy, in any capacity. It had nothing to do with any conviction. And in 1872, Congress passed an "amnesty act" limiting the restrictions to politicians and military officers, implying that even grunts in the Confederate army were deemed disqualified until the act passed.
The 14th also contains the due process clause which would seem to require some form of court process before precluding anyone from participating in their right to seek office.
Not that I like it at the moment, but it’s there
I personally know someone working to file suit against the state AG to bar trump from the ballot in their state, so there are things going on. Whether they're successful or not is anyone's guess.
My guess is "no, they won't be." The 14th may in fact bar someone from holding office, however, it's my personal belief the 5th and the 14th both require them to be convicted of said offenses to first trigger the bar
When the 14th amendment was passed, it was interpreted quite broadly to mean anyone who was involved in the Confederacy, in any capacity. It had nothing to do with any conviction. And in 1872, Congress passed an "amnesty act" limiting the restrictions to politicians and military officers, implying that even grunts in the Confederate army were deemed disqualified until the act passed.
https://en.m.wikipedia.org/wiki/Amnesty_Act
The 14th also contains the due process clause which would seem to require some form of court process before precluding anyone from participating in their right to seek office.
Not that I like it at the moment, but it’s there