the very first thing they do is pass a law that keeps Trump off the ballot. You can bet on that.
I will take that bet, because they CANNOT do it.
There has been a lot of gas lighting on this issue, but it is all smoke and mirrors.
Congress cannot pass a Bill of Attainder.
That is a law that punishes someone without a trial and due process.
Doing so would be unconstitutional, and overturned by SCOTUS (or military, if necessary).
And before anyone protests, "But they don't care," my response is, "Do YOU stand for Rule of Law ... or NOT?"
The 14th Amendment does NOT say that Congress has authority to declare somoene ineligible for office; only that they have authority to RE-INSTATE someone who had been so declared.
Congress is granted the authority to PASS LEGISLATION to enforce all provisions of the 14th Amendment, and that means they can set objective standards for a COURT TRIAL, and the legal process will make that determination.
The only thing SCOTUS ruled in the Trump v. Anderson case is that the States do not have authority to hold such trials for federal office holders (but they can for State office holders). It was a Colorado district court that held a [sham] trial; it was not the Colorado legislature.
Shortly after the 14th Amendment was ratifed (supposedly; ratification is questionable), Congress passed legislation to enforce the section 3 provision with the Enforcement Act of 1870.
In that act, Congress gave authority to federal district attorneys to bring court actions against individuals to enforce section 3.
Today, we have an updated version of that law at 18 USC 2383, which reads:
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
This is under the federal criminal code and MUST be prosecuted in a federal COURT.
Congress can't just vote Trump (or anyone else) out.
They can only vote to allow someone back in, and that must be by 2/3 majority of both chambers of Congress.
So, don't fall for the gas lighting.
the very first thing they do is pass a law that keeps Trump off the ballot. You can bet on that.
I will take that bet, because they CANNOT do it.
There has been a lot of gas lighting on this issue, but it is all smoke and mirrors.
Congress cannot pass a Bill of Attainder.
That is a law that punishes someone without a trial and due process.
Doing so would be unconstitutional, and overturned by SCOTUS (or military, if necessary).
And before anyone protests, "But they don't care," my response is, "Do YOU stand for Rule of Law ... or NOT?"
The 14th Amendment does NOT say that Congress has authority to declare somoene ineligible for office; only that they have authority to RE-INSTATE someone who had been so declared.
Congress is granted the authority to PASS LEGISLATION to enforce all provisions of the 14th Amendment, and that means they can set objective standards for a COURT TRIAL, and the legal process will make that determination.
The only thing SCOTUS ruled in the Trump v. Anderson case is that the States do not have authority to hold such trials for federal office holders (but they can for State office holders). It was a Colorado district court that held a [sham] trial; it was not the Colorado legislature.
Shortly after the 14th Amendment was ratifed (supposedly; ratification is questionable), Congress passed legislation to enforce the section 3 provision with the Enforcement Act of 1870.
In that act, Congress gave authority to federal district attorneys to bring court actions against individuals to enforce section 3.
Today, we have an updated version of this law at 18 USC 2383, which reads:
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
This is under the federal criminal code and MUST be prosecuted in a federal COURT.
Congress can't just vote Trump (or anyone else) out.
They can only vote to allow someone back in, and that must be by 2/3 majority of both chambers of Congress.
So, don't fall for the gas lighting.