Poll: Who has enforcement authority of the 14th Amendment to the US Constitution?

[boevans]

We get it. You want the orange MAL ape's ass munchers in the Congress & Senate to decide whether or not he's allowed on the ballot after his insurrection plot.

Keep those tears flowing.

Only SCOTUS can make the call.

 

[meaner gene]

The United States Constitution – The U.S. Constitution Online – USConstitution.net - U.S. Constitution.net

The United States Constitution Today’s special event: March 16, 1751, is President James Madison‘s birthday. The Constitution is presented in several ways on this site. This page presents the Constitution on one large HTML-enhanced page. Other pages present the Constitution as a series of...

usconstitution.net

1. Age 35+
2. 14 Years a Resident
3. Natural Born Citizen
4. Not engaged in insurrection
5. Not have been elected to the office twice
6. Not been barred from holding office as a condition of being convicted by the Senate from an impeachment

WW

Not been barred from holding office as a condition of being convicted by the Senate from an impeachment

This is the only disqualification requiring an act of congress. And congress leaves it up to the states to actually enforce it.

 

[konradv]

There seems to be some confusion on this, so I will post the 14th Amendment to the US Constitution in it's entirety so all can read from beginning to end to find the answer. I will include a link so I can't be accused of altering the text.

Fourteenth Amendment​

Fourteenth Amendment Explained

Section 1​

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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.

Section 2​

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

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.

Section 4​

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5​

The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

U.S. Constitution - Fourteenth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

The original text of the Fourteenth Amendment of the Constitution of the United States.

constitution.congress.gov

Whoever has civil authority to do so in the various states. It’s a States’ Rights issue, particularly in the primaries.

 

[meaner gene]

Only SCOTUS can make the call.

If Vladimir Putin applies to run for president in the several states, does it take the USSC to declare he's disqualified?

Or can the states reject his ballot application. And specifically, who in the state has the power to keep Putin off the presidential ballot?

Simple questions I would think.

 

[OKTexas]

The United States Constitution – The U.S. Constitution Online – USConstitution.net - U.S. Constitution.net

The United States Constitution Today’s special event: March 16, 1751, is President James Madison‘s birthday. The Constitution is presented in several ways on this site. This page presents the Constitution on one large HTML-enhanced page. Other pages present the Constitution as a series of...

usconstitution.net

1. Age 35+
2. 14 Years a Resident
3. Natural Born Citizen
4. Not engaged in insurrection
5. Not have been elected to the office twice
6. Not been barred from holding office as a condition of being convicted by the Senate from an impeachment

WW

If you're going to make a generalized list, ya missed one, do you know what it is?

.

 

[meaner gene]

Whoever has civil authority to do so in the various states. It’s a States’ Rights issue, particularly in the primaries.

Actually the primaries is a sticky question. Since most states say that the political parties set the rules for the primaries.

Primary election

Ballotpedia: The Encyclopedia of American Politics

ballotpedia.org

 

[WorldWatcher]

If you're going to make a generalized list, ya missed one, do you know what it is?

.

Please share. I may have missed one.

WW

 

[OKTexas]

Remember, Trump had illegal border crossings also. Neither of them secured the border.
If not deporting the people who snuck in is a crime. then Trump is also guilty, and should be removed from the ballot.

Get the fuck outta here, Trump got illegal crossings to a 40 year low, xiden has them at an all time high and has shown do desire, much less actions to put a stop to it. xiden's next steps, amnesty and citizenship for illegals.

.

 

[OKTexas]

Please share. I may have missed one.

WW

See the 22nd Amendment for a clue.

.

 

[meaner gene]

Get the fuck outta here, Trump got illegal crossings to a 40 year low, xiden has them at an all time high and has shown do desire, much less actions to put a stop to it. xiden's next steps, amnesty and citizenship for illegals.

.

40 year low, is still not zero. Illegals were still entering the country. If you say letting illegals into the country is reason for ballot disqualification, then Trump is also guilty and should be kept off the ballot.

 

[meaner gene]

See the 22nd Amendment for a clue.

.

5. Not have been elected to the office twice

WW

 

[Batcat]

The riots in the summer of 2020 didn't attack the seat of the federal government. They didn't shut down an official act of congress. They didn't try to influence the transfer of power subsequent to an election.

I read the article. They don't say anything about limits to any of the amendments.
They took 5 years to enact.

So what do they disagree with vs what I said?

The authors of those Amendments called the Civil War an insurrection. They would laugh at those who call the Jan 6th riot an insurrection. .

Jan. 6 wasn't an insurrection. Stop calling it what it isn’t.

The word insurrection is a legal term. Under federal law it’s a crime to incite or engage in any rebellion or insurrection against the authority of the U.S. or its laws.

www.news-leader.com

snip

The word insurrection is a legal term. Under federal law it’s a crime to incite or engage in any rebellion or insurrection against the authority of the U.S. or its laws. Black’s Law Dictionary defines insurrection as “a violent revolt against oppressive authority.” It is to be distinguished from a mob or riot based on organization of an armed uprising. Mobs and riots can involve unlawful and violent acts, but they aren’t necessarily insurrections. A revolt is an act to overthrow the government. Insurrection, therefore, requires an organized group that plans an attack to overthrow the government.

To date, a small percentage of the approximately 725 charged have been accused of violent crimes, and no charges of rebellion or insurrection have been filed. Around 165 have pled guilty to charges — mostly to misdemeanors. Only 30 were given jail time. The FBI investigation has yielded little evidence of a coordinated and organized attack. Instead, 95 percent of the participants were acting individually.

An AP story intending to link Trump to the riot published some of the comments made by participants during court appearances. None of them stated that the event was planned. Indeed, most indicated they didn’t really know why they did it. They said they felt inspired by Trump’s comments and believed the election was fraudulent, but there was no organized or coordinated plan to attack the Capitol.

snip

Because words have meaning, Jan. 6 can’t be called an “insurrection” just to satisfy the urge to convey a particular seriousness of the event or to propagate a political narrative. This type of narrative is aimed at silencing conservatives, not describing what happened that day. Most participants were not violent people. They weren’t acting as part of a coordinated rebellion. There was no intent to topple the government. They were impassioned citizens at a rally that turned into a riot. It was shameful, but not an insurrection.

******************

The bottomline is liberals will call Jan 6th an insurrection and conservatives will call it a riot. Liberals want to keep Trump off the ticket and will do anything and everything to try to keep him off. Many conservatives want to see Trump on the ticket.

Here’s a fair article that covers both sides. [/I]

https://www.allsides.com/blog/was-jan-6-insurrection-where-left-and-right-disagree[/I]

Obviously, you will not change your views and I will not change mine.

If we continue down the same road we may both see a real insurrection at some time in the future. This nation is getting closer and closer to breaking apart.

I hope we can resolve our problems as another Civil War or true insurrection would do great damage to the nation and this time we might not be able to stick the pieces back together again as we did after the Civil War.[/I]

 

[OKTexas]

40 year low, is still not zero. Illegals were still entering the country. If you say letting illegals into the country is reason for ballot disqualification, then Trump is also guilty and should be kept off the ballot.

Trump didn't let anyone in, he did his best to stop them. That's called a good faith effort to follow his oath, xiden isn't making any effort at all, in fact he is enabling it.

.

 

[ThisIsMe]

There seems to be some confusion on this, so I will post the 14th Amendment to the US Constitution in it's entirety so all can read from beginning to end to find the answer. I will include a link so I can't be accused of altering the text.

Fourteenth Amendment​

Fourteenth Amendment Explained

Section 1​

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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.

Section 2​

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

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.

Section 4​

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5​

The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

U.S. Constitution - Fourteenth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

The original text of the Fourteenth Amendment of the Constitution of the United States.

constitution.congress.gov

Been down this road…I’m here to tell ya, they are going to tell you that anyone can penalize Trump for section 3..anyone, they will tell you that no charge or conviction is necessary, if a court says he committed insurrection, that’s good enough for them.

They are going to being up the civil war, and how there have been 8 people penalized for insurrection and none of them were charged or convicted of anything.

I welcome this approach, because it means elections will be won by the person who can be kicked off state ballots the least…in other words, who can run in enough states to win 270 electoral votes. Currently, republicans control enough states to leverage over 270 electoral votes, so, I say bring it on.

 

[ThisIsMe]

That is not exclusive authority nor does it necessarily pertain to the Article 3 section.

States control their elections

Time and manner..in other words, when and how…but not who…

 

[OKTexas]

meaner gene , keep reading. LOL

.

 

[Curried Goats]

Time and manner..in other words, when and how…but not who…

Does it take an act of Congress for States to disqualify someone because they aren't of age?

 

[meaner gene]

Trump didn't let anyone in, he did his best to stop them. That's called a good faith effort to follow his oath, xiden isn't making any effort at all, in fact he is enabling it.

This isn't primary school. You don't get an "A" for effort.
And for good faith effort, that applies to everybody at the olympics who came in last

 

[meaner gene]

Does it take an act of Congress for States to disqualify someone because they aren't of age?

Or if they aren't a natural born citizen?
Does the supreme court have to tell a state that Vladimir Putin isn't eligible.

 

[Concerned American]

Does it take an act of Congress for States to disqualify someone because they aren't of age?

Does it take an act of Congress for States to disqualify you from posting because you have no brain?