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SleeplessinSoCal

(9,118 posts)
Thu Feb 10, 2022, 01:31 AM Feb 2022

If North Carolina can block Cawthorn using the Constitution, why can't others do the same.

North Carolina elections board asserts power to bar Cawthorn from 2022 ballot

"The Civil War-era 14th Amendment to the Constitution has a provision that was intended at the time to bar Confederate traitors from Congress.

"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,” it reads, “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. ”


These flaming racists are trying to win the Civil War STILL!!

https://www.alternet.org/2022/02/madison-cawthorn/
7 replies = new reply since forum marked as read
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If North Carolina can block Cawthorn using the Constitution, why can't others do the same. (Original Post) SleeplessinSoCal Feb 2022 OP
Like Gym Jordan for example. blueinredohio Feb 2022 #1
I think he would need to be charged and convicted madville Feb 2022 #2
After 1/6 committee reveals all the traitors, I like to think Emile Feb 2022 #3
If he is banned it will be under the state law that enforces that ban dsc Feb 2022 #4
We're a long way from knowing whether NC can block Cawthorn onenote Feb 2022 #5
Being convicted and jailed does not stop someone from running for office. brooklynite Feb 2022 #6
But, SleeplessinSoCal Feb 2022 #7

madville

(7,410 posts)
2. I think he would need to be charged and convicted
Thu Feb 10, 2022, 07:58 AM
Feb 2022

Of a related crime for them to seriously consider using that and dealing with the legal challenge it would initiate.

Emile

(22,739 posts)
3. After 1/6 committee reveals all the traitors, I like to think
Thu Feb 10, 2022, 08:05 AM
Feb 2022

they will not be on any ballot, instead they'll be behind bars!

dsc

(52,161 posts)
4. If he is banned it will be under the state law that enforces that ban
Thu Feb 10, 2022, 08:07 AM
Feb 2022

and in NC that law requires the challenged person to prove they are fit not the other way around. It is usually used for things like having been living in the area not being a felon etc.

onenote

(42,702 posts)
5. We're a long way from knowing whether NC can block Cawthorn
Thu Feb 10, 2022, 08:28 AM
Feb 2022

NC asserts they have authority. The courts will decide if they do.

SleeplessinSoCal

(9,118 posts)
7. But,
Thu Feb 10, 2022, 01:01 PM
Feb 2022

I think that is why there is sectiin 3 of the 14th Amendment.

"Section 3.
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."

The end of that about "disability" confuses me.

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