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 Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

General Discussion

FBaggins

(28,706 posts)

2. Does the constitution say "if Kablooie thinks he's guilty of insurrection"?

Reply to Kablooie (Original post)

Sun Nov 28, 2021, 06:15 PM

Nov 2021

Who judges whether he did these things? The Congress? The president? SCOTUS? The Constitution doesn't say.

It does indeed say. Congress is empowered to define the crime of insurrection (and has). All you have to do is convict him of that and he cannot hold office.

Congress has the power (through legislation) to further clarify/define... but would have to do so by passing legislation that gets signed into law.

So... effectively... you're correct that there's no way to apply the 14th to Trump. We'll have to trust the people not to elect him again.

Edit history

Please sign in to view edit histories.

Recommendations

0 members have recommended this reply (displayed in chronological order):

29 replies

= new reply since forum marked as read

Highlight:

By now Trump should have been constitutionally banned from any government office. [View all] Kablooie Nov 2021 OP

"Who judges whether he did these things?" Zeitghost Nov 2021 #1

How about Busterscruggs Nov 2021 #22

There is no legal mechanism for that. Zeitghost Nov 2021 #23

Have we ever had a former oval office Busterscruggs Nov 2021 #25

No Zeitghost Nov 2021 #26

What solutions Busterscruggs Nov 2021 #28

For banning someone from office? Zeitghost Nov 2021 #29

Does the constitution say "if Kablooie thinks he's guilty of insurrection"? FBaggins Nov 2021 #2

30 state houses are majority republicans. onecaliberal Nov 2021 #8

OMG, 30? ShazzieB Nov 2021 #16

Yes. onecaliberal Nov 2021 #17

State Legislatures Zeitghost Nov 2021 #24

Do you know who DOESN'T judge whether he did these things? brooklynite Nov 2021 #3

Let's face it, if roughly half of voters elect someone Hoyt Nov 2021 #4

I still think he will face consequences one way or another malaise Nov 2021 #5

My continued wish is business failure over jail. oldsoftie Nov 2021 #13

I get your point but I want him in prison malaise Nov 2021 #21

The real problem is the justice system in general. Mr.Bill Nov 2021 #6

I was just reading an interview of Mel Brooks, and there is a quote of his that explains all these.. Escurumbele Nov 2021 #7

Yes 1000 times!!! nt oldsoftie Nov 2021 #14

Mostly agree, withp one small quibble. ShazzieB Nov 2021 #20

I'm still hoping for a 48656c6c6f20 Nov 2021 #9

I really do hate felling that way but its noww in the back of my mind. nt oldsoftie Nov 2021 #15

14th is a broad amendment bucolic_frolic Nov 2021 #10

Bull !!!!!!!!! DENVERPOPS Nov 2021 #11

seems like a fitting end to the " TFG " ! monkeyman1 Nov 2021 #12

with the amount of death and destruction the flushed turd caused he should be banned from yaesu Nov 2021 #18

Democrats in Congress missed another chance, too. NullTuples Nov 2021 #19

✔️ ✔️ ✔️ ✔️ ✔️ msfiddlestix Nov 2021 #27