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lees1975

(7,198 posts)
17. As a follow up, Congress can indeed pass legislation barring a candidate from office based on their
Thu Jul 20, 2023, 11:39 AM
Jul 2023

investigation and conclusion that the candidate had incited or participated in insurrection.

I checked some additiona resources, including a Constitutional Law college course textbook, and speaking to a classmate of mine who was in Constitutional Law with me and is now a practicing attorney, points to Congress as the first step in enforcing the 14th amendment. Anything in the limits of the Constitution can be enforced first with passage of legislation to establish what's to be enforced, and then the President's signature for it to become law. The Civil Rights Act of 1964 is an example of legislation passed to strengthen the provisions of the 14th which extended protections of the Bill of Rights to African Americans when the Supreme Court wasn't helping with that during reconstruction.

So, to render the former failed President 45 ineligible to run, due to the finding that he incited the insurrection of January 6th as the result of a seditious conspiracy would require an act of Congress, passed by a simple majority. Would that have been possible before the 2022 Mid-terms? Maybe. Such a bill was introduced by Rep. David Cicilline, and sponsored by 40 other members of the House, on December 15, 2022. So not only was this possible, the process was started. Kudos to them. The bill should have included the names of all others who endorsed, participated, or who, by their words, have not condemned, the attack on January 6th. I have seen no explanation of why this didn't get pushed through sooner, once the investigation was complete and Democrats were in control of both houses.

Then this ridiculous nonsense of a second Trump campaign would be over.

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