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Yo_Mama_Been_Loggin

(135,530 posts)
Tue Jan 12, 2021, 09:43 PM Jan 2021

14th Amendment enters Trump impeachment conversation. What it is, how it works

Congressional Democrats -- and some Republicans -- who hold President Donald Trump responsible for the Jan. 6 attack on the US Capitol are pursuing different ways to remove Trump from office ahead of President-elect Joe Biden's Jan. 20 inauguration, including seeking to invoke the 25th Amendment and impeach Trump a second time.

-snip-

Now, a different part of the US Constitution has entered the conversation: the 14th Amendment. Lawmakers are attempting to tee up the 14th Amendment to bar Trump from running for office again, as well as to hold US politicians accountable for supporting or participating in the Jan. 6 riots.

-snip-

The 14th Amendment -- added to the Constitution in 1866 -- has a total of five sections. Section 1, for example, says that anyone born or naturalized in the US are citizens in the state they live in.

But it's specifically Section 3 of the 14th Amendment that's been getting attention lately. In simple terms, Section 3 says that if a person has engaged in an "insurrection or rebellion" against the US, they cannot hold office.

https://www.msn.com/en-us/news/politics/14th-amendment-enters-trump-impeachment-conversation-what-it-is-how-it-works/ar-BB1cGXhV?li=BBnbcA1

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14th Amendment enters Trump impeachment conversation. What it is, how it works (Original Post) Yo_Mama_Been_Loggin Jan 2021 OP
Should apply to several in Congress. dchill Jan 2021 #1
👆 This. crickets Jan 2021 #8
Would the House/Senate have to resolve that the events of 1/6/21 meet this definition? OAITW r.2.0 Jan 2021 #2
No, impeachment article specifies it was insurrection Captain Zero Jan 2021 #4
I really hope you are right! OAITW r.2.0 Jan 2021 #6
A lot of republicans going to be subject to this one liberal N proud Jan 2021 #3
And since accepting a pardon admits guilt NotASurfer Jan 2021 #5
Great info! OAITW r.2.0 Jan 2021 #7

OAITW r.2.0

(32,106 posts)
2. Would the House/Senate have to resolve that the events of 1/6/21 meet this definition?
Tue Jan 12, 2021, 09:47 PM
Jan 2021

Before they vote on Trump's impeachment?

NotASurfer

(2,369 posts)
5. And since accepting a pardon admits guilt
Tue Jan 12, 2021, 09:56 PM
Jan 2021

A pardon from Pence or an attempted self-pardon means no run for President in 2024.

And if he's convicted, the Constitution in this case requires a 2/3 majority of Congress to remove the ban on holding office. There is no pardon by subsequent administrations that can help him. Game over so far as ever holding office.

Now, if his brood can be convicted of the same offense criminally, I will cheerfully suppose the lot of them to be forever ineligible to hold any meaningful elected office or appointed position

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