
Originally Posted by
ClydeR
Here's the part of the Constitution in question..
I see two problems with challenging Trump's eligibility based on the 14th Amendment..
First, did he engage in insurrection or rebellion or give idd and comfort to our enemies? There's been no court case, so far, determining that he did. We know, though, that the drafters of the 14th Amendment did not intend to require a court determination of criminal guilt. This part of the 14th Amendment applied to Confederates, even though there was no plan to criminally prosecute them.
Second, was Trump an "officer" of the United States? That's the more difficult question. The only category of people to which Section 3 of the 14th Amendment applies that might include Trump is "officer." Is the Presidency an office? We will surely find out before the 2024 election! It should provide a fun history of the word "officer." I frequently hear people refer to the "office of the President." Personally, I think that's a modern use of the word, and I don't think the drafters of the 14th Amendment used the word "officer" as we use it today. I think people appointed by the President to positions of authority are officers, not the President himself.
A successful impeachment vote of a sitting president for inciting an insurrection should be sufficient grounds to enforce a 14th amendment bar to his running for office.
But that aside, what Mike Flynn was sentenced and then pardoned for should suffice as well.
Last edited by Bhaalizmo; 09-27-2023 at 07:30 PM.
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