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In reply to the discussion: Confused: are we sure the 14th amendment is off the table? [View all]soothsayer
(38,601 posts)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.