Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

LAS14

(13,789 posts)
Fri Jan 8, 2021, 11:01 PM Jan 2021

Why haven't I heard more about the idea of censuring...

Last edited Sat Jan 9, 2021, 11:20 AM - Edit history (4)

... Trump, using a constitutional measure that would bar him from future political office?

I had never heard about this before, but David Brooks brought it up on The Newshour. Sounds perfect! You might get the needed votes in the Senate too.

Does anyone know anything about this possibility?

Edit: It's at about 6' 20" in this link. The censure that "prevents someone from ever again running for federal office" is in article 3 of the 14th amendment.

&t=395s

tia
las
15 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

LAS14

(13,789 posts)
4. David Brooks said it would mean he couldn't hold office again... I wish I could ask..
Fri Jan 8, 2021, 11:13 PM
Jan 2021

.. him for clarification.

LAS14

(13,789 posts)
8. I added this to my OP.
Sat Jan 9, 2021, 11:15 AM
Jan 2021

Edit: It's at about 6' 20" in this link. The censure that "prevents someone from ever again running for federal office" is in article 3 of the 14th amendment.

&t=395s

PoliticAverse

(26,366 posts)
2. Congressional censure can't prevent a President from holding office again. Only impeachment
Fri Jan 8, 2021, 11:07 PM
Jan 2021

can do that.

Congress has no disciplinary authority over the President except through impeachment. Thus, presidential censure resolutions express the “sense of” the House and/or Senate without additional legal implications.

See:
Resolutions to Censure the President: Procedure and History
Congressional Research Service
https://fas.org/sgp/crs/misc/R45087.pdf

LAS14

(13,789 posts)
9. I added this to my OP
Sat Jan 9, 2021, 11:17 AM
Jan 2021

Edit: It's at about 6' 15" in this link. The censure that "prevents someone from ever again running for federal office" is in section (para?) 3 of the 14th amendment.

&t=372s

PoliticAverse

(26,366 posts)
14. Well that has nothing specifically to do with censure (censure is not mentioned in that amendment).
Sat Jan 9, 2021, 03:30 PM
Jan 2021

His claim that censuring the President for that would invoke the Article 14 Section provisions:

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.


is speculation on his part and would have to be agreed to by the Supreme Court - do you think the current court would agree with that interpretation?

Impeachment is Congress' specifically empowered way to prevent a President from holding office again.



LAS14

(13,789 posts)
10. I added this to my OP.
Sat Jan 9, 2021, 11:17 AM
Jan 2021

Edit: It's at about 6' 20" in this link. The censure that "prevents someone from ever again running for federal office" is in article 3 of the 14th amendment.

&t=372s

doc03

(35,395 posts)
11. That could work there are Republicans that would support that if they
Sat Jan 9, 2021, 11:38 AM
Jan 2021

are thinking of running for president. That slime Cruz may vote for that.

Bev54

(10,083 posts)
13. Yes it would but it is also a way out for them
Sat Jan 9, 2021, 01:18 PM
Jan 2021

I want consequences for the likes of Cruz etc. He is already trying to rewrite history.

califootman

(120 posts)
12. Section 3 of the 14th Amendment
Sat Jan 9, 2021, 12:07 PM
Jan 2021
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.

NotASurfer

(2,156 posts)
15. Say you were to indict somebody for inciting an attempted armed overthrow of the government
Sat Jan 9, 2021, 04:08 PM
Jan 2021

Upon conviction they'd damn sure meet the criteria specified under Amendment XIV section 3 barring them from ever holding public office

Latest Discussions»General Discussion»Why haven't I heard more ...