we can say sure Trump can run BUT he cannot hold any office with within the federal,state or local offices of government.

merrill

Gold Member
Dec 27, 2011
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Browse the Constitution Annotated

Fourteenth Amendment Equal Protection and Other Rights

Section 3 Disqualification from Holding Office
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.

The above does not say an individual cannot run for office, neither does it suggest use of a 5th amendment bypass of the 14th Amendment

However it does say 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.

Thus we can say sure Trump can run BUT he cannot hold any office with within the federal,state or local offices of government.

To alter anything that is said in the 14th Amendment 3rd section requires a Constitutional Amendment approved by the house and senate.
 
Browse the Constitution Annotated

Fourteenth Amendment Equal Protection and Other Rights

Section 3 Disqualification from Holding Office
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.

The above does not say an individual cannot run for office, neither does it suggest use of a 5th amendment bypass of the 14th Amendment

However it does say 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.

Thus we can say sure Trump can run BUT he cannot hold any office with within the federal,state or local offices of government.

To alter anything that is said in the 14th Amendment 3rd section requires a Constitutional Amendment approved by the house and senate.
Pointless, unless there is a decision by congress first.
 
Pointless, unless there is a decision by congress first.
At a rally in Indiana, Trump said his supporters could fight back against his political enemies, claiming that the four indictments he faces were driven by politics and renewing his false claims about the 2020 election he lost to Democrat Joe Biden.

He took it a step further on Sunday, suggesting casting a vote for him would be worth dying for.

"You can't sit home," Trump said. "If you're sick as a dog, you say 'Darling, I gotta make it.' Even if you vote and then pass away, it's worth it."
 
Browse the Constitution Annotated

Fourteenth Amendment Equal Protection and Other Rights

Section 3 Disqualification from Holding Office
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.

The above does not say an individual cannot run for office, neither does it suggest use of a 5th amendment bypass of the 14th Amendment

However it does say 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.

Thus we can say sure Trump can run BUT he cannot hold any office with within the federal,state or local offices of government.

To alter anything that is said in the 14th Amendment 3rd section requires a Constitutional Amendment approved by the house and senate.
I don't care for Trump but the problem with your entire argument is that he was never found guilty of insurrection or rebellion. Now you loons look like a bunch of dictator wannabes getting rid of the opposition. This is the sort of garbage that happens in third world shitholes.
 
Browse the Constitution Annotated

Fourteenth Amendment Equal Protection and Other Rights

Section 3 Disqualification from Holding Office
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.

The above does not say an individual cannot run for office, neither does it suggest use of a 5th amendment bypass of the 14th Amendment

However it does say 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.

Thus we can say sure Trump can run BUT he cannot hold any office with within the federal,state or local offices of government.

To alter anything that is said in the 14th Amendment 3rd section requires a Constitutional Amendment approved by the house and senate.

This isn't happening, so get over it and move on.
 
Browse the Constitution Annotated

Fourteenth Amendment Equal Protection and Other Rights

Section 3 Disqualification from Holding Office
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.

The above does not say an individual cannot run for office, neither does it suggest use of a 5th amendment bypass of the 14th Amendment

However it does say 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.

Thus we can say sure Trump can run BUT he cannot hold any office with within the federal,state or local offices of government.

To alter anything that is said in the 14th Amendment 3rd section requires a Constitutional Amendment approved by the house and senate.
Trump is senile! He's incoherent. And he is a loser, like the rest of the Republican Party.
 
Browse the Constitution Annotated

Fourteenth Amendment Equal Protection and Other Rights

Section 3 Disqualification from Holding Office
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.

The above does not say an individual cannot run for office, neither does it suggest use of a 5th amendment bypass of the 14th Amendment

However it does say 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.

Thus we can say sure Trump can run BUT he cannot hold any office with within the federal,state or local offices of government.

To alter anything that is said in the 14th Amendment 3rd section requires a Constitutional Amendment approved by the house and senate.


He has to be found guilty of insurrection and before that, he needs to be actually charged with it. Lots of people say he had attitudes they find to be insurrectionist in nature, but thats all very subjective, which is to be expected with all the vitriol towards Trump.

Actual cases of insurection have evidence that is open and shut. Usually involves use of ones military.

Whats states like Colorado are trying to do is quite wrong and flies in the face of Democrats claiming to want to "protect voting rights" By doing as they are they are indeed effecting the voting rights of millions across the country who disagree with the few peoples' opininion in colorado.
 
Why can't the people of America elect who they want? It is obvious they want Trump. That means the people that represent them should want Trump also.
Tomorrow is Super Tuesday. He is on the ballot. Go Vote. Who is stopping you? Tell them I said leave you alone. Personally, I am voting in the Republican primary tomorrow for Nikki.
 
He has to be found guilty of insurrection and before that, he needs to be actually charged with it. Lots of people say he had attitudes they find to be insurrectionist in nature, but thats all very subjective, which is to be expected with all the vitriol towards Trump.

Actual cases of insurection have evidence that is open and shut. Usually involves use of ones military.

Actually, the Amendment made no such distinction. Because the Federal Government made a decision to give amnesty to all soldiers who fought for the Confederacy or served in the Confederate government, the purpose of Section 3 was to exclude them without a trial. It was also poorly enforced, as people who served as lower level confederates did eventually find their way into Federal and State service.

The Court found that only Congress can disqualify someone on the basis of an insurrection, and that creates a problem. Let's say Trump wins the EC, but not the popular vote, and Democrats get in control of the House. Can they refuse him the office on the basis of Section 3? The ruling actually opened up a whole can of worms. What if Trump is convicted in GA or the DC case?

There actually IS a precedent here, and that is the case of Victor Burger, who was elected to Congress but barred due to a conviction under the Espionage Act of 1917 because of his anti-War or pro-Germany sympathies.

Whats states like Colorado are trying to do is quite wrong and flies in the face of Democrats claiming to want to "protect voting rights" By doing as they are they are indeed effecting the voting rights of millions across the country who disagree with the few peoples' opininion in colorado.

No, it was just about one man and his conduct, as the section intended.
 
and then vote dem in the general election .
Not if you people come to your senses, dump Trump and go with Nikki. Otherwise, I will choose Biden over Trump, to keep the country under our present constitution and rule of law, rather than some top down authoritarian regime, where votes do not count unless he ruling junta like them.
 
Not if you people come to your senses, dump Trump and go with Nikki. Otherwise, I will choose Biden over Trump, to keep the country under our present constitution and rule of law, rather than some top down authoritarian regime, where votes do not count unless he ruling junta like them.

Why should we dump Trump?

I'm still gonna vote for DeSantis in the NY primary, but in the general I'm voting for Trump if he is running.

The Dems will destroy this country, not Trump, and if you are too stupid to see that, nothing can help you.
 
I think the problem here is that it would require congress to actually do it's job and hold Trump accountable.

Two impeachments show they can't do that.

I couldn't imagine that if Trump somehow won the Presidency, the Republicans in Congress would hold him accountable then.
This is your reaction whenever a court proceeding doesn't go your way. If you don't like the outcome, it's one of these:

1. The judge and jury are partisan and biased.
2. The judge and jury are racist.
3. The judge and jury didn't get to see the headlines I read.
 
Actually, the Amendment made no such distinction. Because the Federal Government made a decision to give amnesty to all soldiers who fought for the Confederacy or served in the Confederate government, the purpose of Section 3 was to exclude them without a trial. It was also poorly enforced, as people who served as lower level confederates did eventually find their way into Federal and State service.

The Court found that only Congress can disqualify someone on the basis of an insurrection, and that creates a problem. Let's say Trump wins the EC, but not the popular vote, and Democrats get in control of the House. Can they refuse him the office on the basis of Section 3? The ruling actually opened up a whole can of worms. What if Trump is convicted in GA or the DC case?

There actually IS a precedent here, and that is the case of Victor Burger, who was elected to Congress but barred due to a conviction under the Espionage Act of 1917 because of his anti-War or pro-Germany sympathies.



No, it was just about one man and his conduct, as the section intended.
you cant just claim someone did an insurrection and remove them from the ballot,,

it has to be proven,, and trump has already been tried for it and found not guilty,,
 

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