Section 1 of the 14th Amendment clearly provides the frame work that Section 3 is to follow. In Section 1, it states,
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
DJT is guaranteed due process of the law and has not been convicted of anything stated in Section 3. Let's look at Section 3,:
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.
I've emboldened the part, in which the Castro v. Trump case is premised. Only the political enemies of DJT are alleging this. 'Alleging' is not a finding of evidence and is never considered as due process. It's quite obvious that the indictments made against DJT are designed for making the argument for using the 14th Amendment to prevent DJT from running for presidential election.
IMHO, the case will be ruled as having no standing.
Section 1 of the 14th Amendment clearly provides the frame work that Section 3 is to follow. In Section 1, it states,
DJT is guaranteed due process of the law and has not been convicted of anything stated in Section 3. Let's look at Section 3,:
I've emboldened the part, in which the Castro v. Trump case is premised. Only the political enemies of DJT are alleging this. 'Alleging' is not a finding of evidence and is never considered as due process. It's quite obvious that the indictments made against DJT are designed for making the argument for using the 14th Amendment to prevent DJT from running for presidential election.
IMHO, the case will be ruled as having no standing.
Well said!
Even a Obama-appointed judge has ruled in favor of President Trump and tossed out a case that sought to keep him off the ballot in Florida.