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In reply to the discussion: Confused: are we sure the 14th amendment is off the table? [View all]StarfishSaver
(18,486 posts)44. At the time, everyone who served in the Confederacy was deemed by law to be an insurrectionist
So that situation was different. In fact, the 14th Amendment provision barring insurrectionists was intended specifically for the former Confederates.
Here, there has been no legal determination that Trump is an insurrectionist. That would have to be done by a court.
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Yeppers, this is essentially what we wanted done with this failed conviction
msfiddlestix
Feb 2021
#1
Because the 14th Amendment is not something Congress can invoke by itself
StarfishSaver
Feb 2021
#11
I get the feeling nothing is off the table. Even people in Congress who could be
OAITW r.2.0
Feb 2021
#4
So a Republican-controlled Congress could have banned Obama from running for a second term
NYC Liberal
Feb 2021
#20
The courts would defer to Congress' conclusion, but would still make the decision
StarfishSaver
Feb 2021
#39
That's talking about no impeachment proceedings. They can't just decide to use it by itself.
Nevilledog
Feb 2021
#36
Until/unless Trump is convicted of criminal charges of Insurrection, 14th is likely off the table.
Fiendish Thingy
Feb 2021
#25
He doesn't have to be criminally charged, but there does have to be a judicial
StarfishSaver
Feb 2021
#40
It's not off limits. But it can't be done without judicial determination of guilt
StarfishSaver
Feb 2021
#35
At the time, everyone who served in the Confederacy was deemed by law to be an insurrectionist
StarfishSaver
Feb 2021
#44