The Constitution provides that an oath-breaking insurrectionist is ineligible to be president. This is the plain wording of Section 3 of the 14th Amendment to the Constitution. “No person shall … hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath … 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.” This disability can be removed by a two-thirds vote in each House.
14th Amendment, section 5:
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Federal law, enacted by Congress:
Title 18-CRIMES AND CRIMINAL PROCEDURE
PART I-CRIMES
CHAPTER 115-TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
S2383: REBELLION OR INSURRECTION
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 a criminal law; for the consequences to take effect, the accused must first be convicted in criminal court.
No one, much less Trump, has been indicted, tried or convicted of insurrection re: Jan 6.
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