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Showing Original Post only (View all)Confused: are we sure the 14th amendment is off the table? [View all]
Link to tweet
?s=21
Max Burns
@themaxburns
·
Feb 13, 2021
Gee just gonna leave my @NBCNews column from January 13 here for no reason at all.
"The 14th Amendment could be the key to preventing a president who contributed to a domestic terrorist attack from ever receiving a position of public office again."
Opinion | Here's the fastest, easiest way to keep Trump from ever holding office again
nbcnews.com
Max Burns
@themaxburns
Glad to see Majority Leader Schumer is seriously considering invoking Section 3 of the 14th Amendment, which would require only a majority vote of the Senate.
It would also disqualify Trump from ever seeking an office of public trust again. That's critical.
9:49 PM · Feb 13, 2021
https://t.co/Sdgoqxbmmn?amp=1
Snip
In an op-ed for The Post, Foner laid out the straightforward mechanics of a 14th Amendment charge: Legislators file a resolution, then both chambers vote. In that sense, it would be a triumph of the regular democratic process the process Trump's thugs tried to undermine that delivers a final defeat to the president's stained legacy.
The case for applying the language to Trump may also be clearer than that of impeachment, because the 14th Amendment's permanent ban on future public service emphasizes for all future generations the severity of Trump's treachery and doesn't require the Senate to take a separate vote, as during the impeachment process.
That's not to say there won't be challenges to invoking the 14th Amendment. Any effort to hold Trump accountable is likely to face strong Republican opposition, though the extremity of Trump's conduct seems to be fracturing party loyalties. The GOP will also likely challenge the application of such a rarely used piece of legal machinery. The Supreme Court will almost certainly be called to weigh in on the inevitable flood of Republican lawsuits.
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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