• Cornelius_Wangenheim@lemmy.world
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    11 months ago

    This isn’t states choosing. It’s the US constitution rightly preventing those who tried to destroy the country from ever holding office.

      • Revan343@lemmy.ca
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        11 months ago

        The precedent is that he doesn’t need to be convicted of insurrection for the insurrection clause to apply.

      • TheSanSabaSongbird@lemdro.id
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        11 months ago

        The argument is that section 3 of the 14th amendment is self-executing which in legal terms means that he doesn’t have to be convicted for it to take effect. Similarly, we don’t have to obtain a court ruling that Vladimir Putin isn’t eligible to run for US president, for example, because the part of the Constitution requiring presidential candidates to be natural born citizens is also self-executing.

        Whether or not section 3 is in fact self-executing is not settled law, so that could be one way the SCOTUS overturns the Colorado decision, as I think is likely.

        The upshot is that given the above, you are in fact incorrect as a legal matter since it’s well within the Colorado supreme Court’s remit to rule that section 3 is self-executing whether we agree or not.

      • Cornelius_Wangenheim@lemmy.world
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        11 months ago

        Were any of the Confederate leaders convicted? No, because the earliest incarnation of the law you’re referring to weren’t created until 50 years later. That was not the intent of the authors of the 14th amendment, as it would have hurt the reconciliation process to imprison all former Confederate leaders. They were nevertheless prevented from holding federal office.

      • Prophet@lemmy.world
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        11 months ago

        Funny that you don’t even try to deny that Trump may have been involved in inciting/leading an insurrection. It’s only that he hasn’t been found guilty of it by the courts. How will the goalposts shift if he is found guilty?