berg80
Diamond Member
- Oct 28, 2017
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Historical precedent also confirms that a criminal conviction is not required for an individual to be disqualified under Section 3 of the Fourteenth Amendment. No one who has been formally disqualified under Section 3 was charged under the criminal “rebellion or insurrection” statute (18 U.S.C. § 2383) or its predecessors. This fact is consistent with Section 3’s text, legislative history, and precedent, all of which make clear that a criminal conviction for any offense is not required for disqualification. Section 3 is not a criminal penalty, but rather is a qualification for holding public office in the United States that can be and has been enforced through civil lawsuits in state courts, among other means.
https://www.citizensforethics.org/r...eports/past-14th-amendment-disqualifications/
Section 3 of the Fourteenth Amendment does not expressly require a criminal conviction, and historically, one was not necessary. Reconstruction Era federal prosecutors brought civil actions in court to oust officials linked to the Confederacy, and Congress in some cases took action to refuse to seat Members. Congress last used Section 3 of the Fourteenth Amendment in 1919 to refuse to seat a socialist Congressman accused of having given aid and comfort to Germany during the First World War, irrespective of the Amnesty Act. The Congressman, Victor Berger, was eventually seated at a subsequent Congress after the Supreme Court threw out his espionage conviction for judicial bias. Recently, various groups and organizations have challenged the eligibility of certain candidates running for Congress, arguing that the candidates’ alleged involvement in the events surrounding the January 6, 2021, breach of the Capitol render them ineligible for office. No challenges have to date resulted in the disqualification of any congressional candidate. A New Mexico state court, however, has removed Otero County Commissioner County Griffin from office and prohibited him from seeking or holding any future office based on his participation in, and preparation for, the January 6 interruption of the election certification.
Absent evidence in contradiction of CREW's assertion I suspect Trumpleton's will ineffectually attack CREW and or the CRS. It is the Trumpian way. When facts and evidence fail them they rely on what amounts to character assassination. Which is why Trump attacks the media, anyone who opposes him, and most especially those like Jack Smith who are working to hold Don accountable for his illegal actions.
Furthermore, quite a bit has been made about the removal of a candidate's name from the ballot being anti-democratic. Yet the Constitution itself tells us that it is the conduct that gives rise to disqualification under the 14th Amendment that is anti-democratic. From the moment Trump began the anti-democratic act of conspiring to steal the election he violated his oath of office and forfeited his right to once again run to be the prez.
https://www.citizensforethics.org/r...eports/past-14th-amendment-disqualifications/
Section 3 of the Fourteenth Amendment does not expressly require a criminal conviction, and historically, one was not necessary. Reconstruction Era federal prosecutors brought civil actions in court to oust officials linked to the Confederacy, and Congress in some cases took action to refuse to seat Members. Congress last used Section 3 of the Fourteenth Amendment in 1919 to refuse to seat a socialist Congressman accused of having given aid and comfort to Germany during the First World War, irrespective of the Amnesty Act. The Congressman, Victor Berger, was eventually seated at a subsequent Congress after the Supreme Court threw out his espionage conviction for judicial bias. Recently, various groups and organizations have challenged the eligibility of certain candidates running for Congress, arguing that the candidates’ alleged involvement in the events surrounding the January 6, 2021, breach of the Capitol render them ineligible for office. No challenges have to date resulted in the disqualification of any congressional candidate. A New Mexico state court, however, has removed Otero County Commissioner County Griffin from office and prohibited him from seeking or holding any future office based on his participation in, and preparation for, the January 6 interruption of the election certification.
Absent evidence in contradiction of CREW's assertion I suspect Trumpleton's will ineffectually attack CREW and or the CRS. It is the Trumpian way. When facts and evidence fail them they rely on what amounts to character assassination. Which is why Trump attacks the media, anyone who opposes him, and most especially those like Jack Smith who are working to hold Don accountable for his illegal actions.
Furthermore, quite a bit has been made about the removal of a candidate's name from the ballot being anti-democratic. Yet the Constitution itself tells us that it is the conduct that gives rise to disqualification under the 14th Amendment that is anti-democratic. From the moment Trump began the anti-democratic act of conspiring to steal the election he violated his oath of office and forfeited his right to once again run to be the prez.
