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In reply to the discussion: Bannon changes tune on Musk, says he's 'impressed' [View all]OKIsItJustMe
(21,016 posts)30. No, that's not necessary
Go back and read it:
shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.
The Supreme Court did not question whether or not the 14th amendment applied. They said it wasnt up to the individual states to enforce it against federal candidates.
https://constitution.congress.gov/browse/essay/amdt14-S3-2/ALDE_00000070/
In reaching its decision in Trump v. Anderson, the U.S. Supreme Court observed that Congress enjoys power to enforce the Amendment through legislation pursuant to Section 5 of the Fourteenth Amendment, and reasoned that Section 5 grants Congress alone the authority to provide for the enforcement of Section 3 against federal officeholders and candidates. The Court noted, however, that states retain concurrent authority to enforce Section 3 with respect to state offices.
The default position of Section 3 is that he cannot serve, unless it is overridden by ⅔s majority votes in both houses.
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I wish DU would ban anything of bannon, he's a felon, who ripped off people, went to jail, and did his time, and will go
SWBTATTReg
Nov 28
#2
I understand but it's helpful to know even Bannon thinks he moved the race greatly,
mahina
Nov 28
#4
I mean, Trump is also a felon, and it would be completely impossible to ban all mention of him. Especially now.
Karasu
Nov 29
#22
boy, wouldn't it be great if congress bothered taking a vote on this. they won't...but it would be great if they did. nt
orleans
Nov 29
#16
"The Court noted, however, that states retain concurrent authority to enforce Section 3 with respect to state offices"
Polybius
Nov 29
#31
It doesn't need to have been declared an insurrection. Nor does he even have to have taken par in it.
OKIsItJustMe
Nov 29
#33