As the Colorado Supreme Court wrote, January 6 meets the bar for insurrection “under any viable definition” of the term. The legal scholar Mark Graber, who has closely studied the Fourteenth Amendment’s history, argues that “insurrection” should be understood broadly—an act of organized resistance to government authority motivated by a “public purpose.” That certainly describes the Capitol riot, in which a violent mob attacked law enforcement and threatened members of Congress and the vice president in order to block the rightful counting of the electoral vote and illegally secure the victory of the losing candidate. The historical record also suggests that the amendment’s requirement that a prospective officeholder must have “engaged in insurrection” should also be understood broadly—meaning that Trump’s speech on the Ellipse that morning and his encouragement of the rioters while they smashed their way through the Capitol more than fit the bill.

  • btaf45@lemmy.world
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    6 months ago

    It is also obvious that based on the plane language of the constitution that the 14th Ammendment is self-executing as well. It is another LEGALLY STIPULATED PRECONDITION OF ELIGIBILITY FOR OFFICE.

    This is an extremely critical part of the constitution. Venezuela disentegrated into shit precisely because they did not have this requirement. Hugo Chavez led a failed coup in 1992. And then was allowed to run for president in 1998 despite his clear disloyalty to democracy. After becoming president, he turned a long stable democracy into total shit and it remains so today.