this post was submitted on 19 Aug 2023
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politics

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[–] keeb420@kbin.social 157 points 2 years ago (2 children)

It only matters if anyone does something about it. Really there should be a few traitors kicked outta congress as well but they haven't been.

[–] neptune@dmv.social 6 points 2 years ago (1 children)

Chris Christie and Joe Biden could sue in enough states, trying to pull him off the ballot, that a) it'd be all over the news and b) it might work in a couple of states, enough to help

[–] HawlSera@lemm.ee 2 points 2 years ago

They could, but will they?

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[–] heavyboots@lemmy.ml 120 points 2 years ago (1 children)

TLDR version is that Amendment 14 Section 3 says if you were involved in an attempt to overthrow the government you no longer are allowed to hold public office.

Section 3 Disqualification from Holding Office 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.

[–] Lon3star@lemmy.world 8 points 2 years ago

Seems like there is a need for some House cleaning... And Senate too

[–] LEDZeppelin@lemmy.world 114 points 2 years ago* (last edited 2 years ago) (2 children)

If only there was a political party that cared about constitution enough to deny him nomination and had collective balls to declare so publicly.

[–] Cicraft@lemmy.world 9 points 2 years ago (2 children)

There probably is, it's just that nobody ever votes third party

[–] PunnyName@lemmy.world 24 points 2 years ago

Spoiler effect makes that an almost impossible option

https://en.wikipedia.org/wiki/Vote_splitting

We need to get rid of First Past the Post voting.

[–] EnderWi99in@kbin.social 3 points 2 years ago

...and that that largest third party with a candidate for election is fully bankrolled by the GOP.

[–] HawlSera@lemm.ee 1 points 2 years ago

It'll never happen as long as the "We go high, you go low" strategy is in effect

[–] Pratai@lemmy.ca 57 points 2 years ago

We don’t follow the constitution anymore…. Unless it serves to keep guns in the hands of those that shouldn’t have them.

[–] jordanlund@lemmy.one 44 points 2 years ago (1 children)

I think the trick is going to be, based on the other guy who got disqualified for 1/6, is that someone actually has to challenge the nomination. It's not something that happens automatically.

https://abcnews.go.com/Politics/judge-removes-local-official-engaging-jan-insurrection/story?id=89463597

"The decision came in a lawsuit brought by a group of New Mexico residents represented by the government accountability group Citizens for Responsibility and Ethics in Washington (CREW) and other lawyers."

[–] darthskull@lemmy.ca 2 points 2 years ago (2 children)

Can't you just challenge him being put on the ballet in your state?

[–] nxdefiant@startrek.website 5 points 2 years ago

Yes, any state could do this. No state will decide who goes on their ballots until after the primaries though. They can "declare" things all they want, but nothing is actionable until the ballots are finalized (and then the suing starts).

[–] jordanlund@lemmy.one 2 points 2 years ago

Yes, and if he becomes the nominee, that will have to be done. But in the end it won't matter unless enough states successfully do it to deprive him of 270 electoral college votes.

[–] PaulDevonUK@lemmy.world 35 points 2 years ago (1 children)

If that turd gets reelected, every country that matters will do nothing above minimum to maintain diplomatic ties.

[–] ashok36@lemmy.world 33 points 2 years ago (1 children)

Russia, Hungary, Belarus, and others will be happy to be the US's new best friends.

[–] macrocephalic@lemmy.world 11 points 2 years ago (2 children)

Russia, other Russia, and third rate Russia?

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[–] vasametropolis@lemmy.world 24 points 2 years ago

If the prosecution can't nail him due to lack of evidence or technicality, it will exonerate him completely in public eyes.

Prosecution is under high pressure to deliver here.

[–] bhmnscmm@lemmy.world 12 points 2 years ago (1 children)

Would someone be willing to paste the text? It's behind a paywall.

[–] JonnyJest@lemmy.world 16 points 2 years ago (1 children)

The OP posted an archive link so it skips the paywall: https://archive.ph/AwZcx

[–] GrayBackgroundMusic@lemm.ee 15 points 2 years ago (3 children)

After 3 captchas, I gave up. Any other links?

[–] p1mrx@sh.itjust.works 9 points 2 years ago* (last edited 2 years ago)
[–] macrocephalic@lemmy.world 4 points 2 years ago

Yeah I think I did four. I feel like I was trolled.

[–] JWBananas@startrek.website 1 points 2 years ago (1 children)

Are you using Cloudflare DNS?

[–] nutsack@lemmy.world 7 points 2 years ago (2 children)

they would have to convict him first. maybe that's part of the reason they want to delay the trial.

[–] Copernican@lemmy.world 20 points 2 years ago

Read the article. Conviction is not required from the POV of the authors.

[–] Saracha@lemmy.world 19 points 2 years ago

Notably the constitution doesn't actually require a trial of any sort. The amendment was put in after the civil war, it would have been impossible to have a trial for everyone that participated in the Confederacy. Bit of an open question how that gets determined nowadays though.

[–] BilboBargains@lemmy.world 6 points 2 years ago (2 children)

The constitution states that the matter is decided by a round of Roshambo

[–] kick_out_the_jams@kbin.social 4 points 2 years ago (2 children)

But Congress may by a vote of two-thirds of each House, remove such disability.

From the text 2/3 of the house and the senate need to explicitly vote to allow it.

[–] halcyoncmdr@lemmy.world 11 points 2 years ago (6 children)

Yup, the constitution just says if you do it. Doesn't say you have to be convicted of doing it in court, or anything like that. Just being involved you are automatically disqualified and Congress has to vote to override that.

[–] atzanteol@sh.itjust.works 3 points 2 years ago* (last edited 2 years ago) (1 children)

I love how people think the law works. Like they're magical incantations and just "apply" without needing to be decided and enforced.

Who would decide "if you [did] it"?

[–] nxdefiant@startrek.website 3 points 2 years ago

The actual answer is 2/3rds of congress. If two thirds of congress decided he can't be president because they believe he wasn't born in the US, regardless of the evidence, he'd be disqualified then too. (As an example)

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[–] small_crow@lemmy.ca 3 points 2 years ago

Ya roshambo is always played best two out of three

[–] FuglyDuck@lemmy.world 3 points 2 years ago

Oh, then trump wins. He doesn’t have balls.

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