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In reply to the discussion: Bannon changes tune on Musk, says he's 'impressed' [View all]OKIsItJustMe
(21,242 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 wasn’t 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 ⅔’s 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 2024
#2
I understand but it's helpful to know even Bannon thinks he moved the race greatly,
mahina
Nov 2024
#4
I mean, Trump is also a felon, and it would be completely impossible to ban all mention of him. Especially now.
Karasu
Nov 2024
#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 2024
#16
"The Court noted, however, that states retain concurrent authority to enforce Section 3 with respect to state offices"
Polybius
Nov 2024
#31
It doesn't need to have been declared an insurrection. Nor does he even have to have taken par in it.
OKIsItJustMe
Nov 2024
#33