California’s lieutenant governor sent a letter to the state’s secretary of state on Wednesday asking her to explore "every legal option" to remove former President Don...
A criminal conviction is not required to be disqualified under the 14th amendment. It’s not a criminal punishment, but a requirement for holding public office, in the same vein as being at least 35 is a requirement to be President. There haven’t been many that have been disqualified under the 14th amendment, but none of them were convicted either.
I’m not conflating anything. State precedent is still precedent, especially since federal precedent has not yet been set for this specific case. None of the other several cases where the 3rd section of the 14th amendment was invoked went to the federal Supreme Court. If you think that means “this is not precedent”, then you don’t understand the American judicial system.
The precedent is that he doesn’t need to be convicted of insurrection for the insurrection clause to apply.
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A criminal conviction is not required to be disqualified under the 14th amendment. It’s not a criminal punishment, but a requirement for holding public office, in the same vein as being at least 35 is a requirement to be President. There haven’t been many that have been disqualified under the 14th amendment, but none of them were convicted either.
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What’s going to qualify as “precedent” to you? Another elected official being disqualified from public office after their involvement in the January 6th insurrection, even though they weren’t convicted of insurrection? Or something else? Please be specific, I could really use that hundred bucks.
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I’m not conflating anything. State precedent is still precedent, especially since federal precedent has not yet been set for this specific case. None of the other several cases where the 3rd section of the 14th amendment was invoked went to the federal Supreme Court. If you think that means “this is not precedent”, then you don’t understand the American judicial system.
Former Confederates were barred from holding public office regardless of whether they were actually charged with treason, or anything else