A court can’t keep Trump off the ballot for violating Section 3 of 14A, simply because there has been no “Insurrection” as defined by Congressional law. The Insurrection Act of 1807 was never invoked by former President Trump on J6, so there was never an “Insurrection.”
-Moreover, Congress has not made any declaration declaring the J6 perpetrators as Insurrectionists and disqualifying them from public office, while Trump was acquitted by the Democrat Senate for any crimes involving J6. In other words, he was exonerated by the highest legislative body in the United States for any “crimes or misdemeanors” re J6.
-Only Congress can disqualify someone from holding office under Section 3 to begin with, not a court. This is underscored by Section 5 of 14A which explicitly states: “The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”
-Meanwhile, any attempt by a state to remove Donald J. Trump’s name from its ballot would immediately be enjoined by a federal court, citing a violation of equal protection under Section 1 of 14A, and his due process rights under 4A and 14A.
-Not to mention, Section 3 of 14A does not specifically name the offices of President and Vice President, which calls into question if it can be applied to POTUS. The Supremes would have to weigh in.
-Finally, The Amnesty Act of 1872 removed the penalty of Section 3 of 14A, so this regurgitated “news” that people keep pushing about disqualifying him under 14A is moot. It’s rooted in fantasy.
-You may ask, “But Max, the Amnesty Act only applied to the Confederacy.” This has never been adjudicated. A literal reading implies it removed the penalties altogether.
-Regardless, if the Amnesty Act was only applicable to former Confederates, then Section 3 of 14A – which the AA explicitly cites – is only applicable to former Confederates as well, since it was originally used to disqualify Civil War era Insurrectionists only.
-Section 3 of 14A hasn’t even been invoked in about a century. When it was invoked last to bar a Socialist from holding office for violation of the Espionage Act, SCOTUS overruled it.
-The bottom line is this: The only Constitutional qualifications for President are found under Article 2: a person be 35-years-old, born in the US, and lived here for 14 years. Period. The only disqualification is that he/she not have been elected to the office more than twice, under 22A.
-Being a convicted felon doesn’t disqualify you. The people will ultimately decide if President Trump is qualified or not. I digress.
Here’s my point: they won’t be able to stop Donald Trump through legal wranglings.
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