authority is in the Insurrection Act - 14th Amendment section 3 defines "Insurrection"
No Person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Hmm don't forget, the document says Congress, and I suspect it means both the house and Senate... Because the technical definition of Congress includes both... So if it means both and not just the house, then yeah it's not happening.
Not that part of the 14th amendment it doesn't say that. Read it again.... At the end it says Congress could basically UNDO the arrest for insurrection but it doesn't say who would initially make the insurrection charges which uh duh that's the justice department which actauclly falls under trump.
Dude YOURE the one reading it wrong first it says how you can't be a governor or senator because you were treasonous (that's your disability, you cannot serve the country any more because you fucked up the first time you're disabled) then it the last line you're speaking of says Congress can vote to remove your disability so you can serve again, this is so if what you did was in agreeance of 2/3rds you're freed from your charges... It isn't saying Congress must be the one charging you it's saying they can remove the conviction....
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Notice how it says BUT!!!! CONGRESS CAN REMOVE THE DISABOLITY.. it means they can basically pardon you if you're found guilty of insurrection....
I suppose the idea is that if two thirds of elected officials were to support a given faction, then that faction would by definition not be an insurrection, but rather the establishment.
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mmabouncer ago
https://www.law.cornell.edu/constitution/amendmentxiv
Not sure I see this as a possiblity.. Is there a better source than this?
heygeorge ago
Nearly any source is a better source than NN.
Steinmacher ago
authority is in the Insurrection Act - 14th Amendment section 3 defines "Insurrection"
No Person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Fateswebb ago
Oh so this means Congress with 2/3s can reinstate a insurrectionist? Hmmm
Steinmacher ago
technically, yes.
Fateswebb ago
Hmm don't forget, the document says Congress, and I suspect it means both the house and Senate... Because the technical definition of Congress includes both... So if it means both and not just the house, then yeah it's not happening.
Steinmacher ago
14th amendment says congress has authority to enforce the 14th amendment, don't get hung up on the last sentence of the amendment.
Insurrection act is where Trumps authority to activate troops and arrest insurrectionists comes from. Its called balance of power.
Fateswebb ago
Not that part of the 14th amendment it doesn't say that. Read it again.... At the end it says Congress could basically UNDO the arrest for insurrection but it doesn't say who would initially make the insurrection charges which uh duh that's the justice department which actauclly falls under trump.
Steinmacher ago
Read the last sentence of the amendment. It literally says congress must enforce it.
And it takes 2/3 to override President declaration under the insurrection act.
Fateswebb ago
Dude YOURE the one reading it wrong first it says how you can't be a governor or senator because you were treasonous (that's your disability, you cannot serve the country any more because you fucked up the first time you're disabled) then it the last line you're speaking of says Congress can vote to remove your disability so you can serve again, this is so if what you did was in agreeance of 2/3rds you're freed from your charges... It isn't saying Congress must be the one charging you it's saying they can remove the conviction....
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Notice how it says BUT!!!! CONGRESS CAN REMOVE THE DISABOLITY.. it means they can basically pardon you if you're found guilty of insurrection....
FPSFairy ago
I suppose the idea is that if two thirds of elected officials were to support a given faction, then that faction would by definition not be an insurrection, but rather the establishment.
Fateswebb ago
Well, I mean... If 2/3rds is there then probably so is a constitutional amendment anyway, so you're right is it really an insurrection?