Congress would control that, just like determining an insurrection was committed.
They didn't do that.
The media did.
The only thing Congress can do is remove Trump's disqualification under the 14th amendment. They can't decide whether he's disqualified in the first place.
The could have impeached him (again). And if the Senate convicted, he would have been ineligible to run again.
The 14th amendment doesn't require impeachment or criminal conviction, though. It's a completely different disqualification provision from impeachment.
For example, members of Congress cannot be impeached, but they can be disqualified under the 14th amendment. It makes no sense to roll impeachment and the 14th amendment into the same category of disqualification.
Right.
Congress would control that, just like determining an insurrection was committed.
They didn't do that.
The media did.
The only thing Congress can do is remove Trump's disqualification under the 14th amendment. They can't decide whether he's disqualified in the first place.
The could have impeached him (again). And if the Senate convicted, he would have been ineligible to run again.
The 14th amendment doesn't require impeachment or criminal conviction, though. It's a completely different disqualification provision from impeachment.
For example, members of Congress cannot be impeached, but they can be disqualified under the 14th amendment. It makes no sense to roll impeachment and the 14th amendment into the same category of disqualification.