The problem with 14th amendment is that the people who wrote that never specified an enforment mechanism. So we don’t know how to properly invoke it. Any attempts to invoke it would just result in the supreme court spontaneously “invent” a method of enforcement. They could say that the supreme court get to decide if someone is ineligible, then rule that trump is eligible because the supreme court doesn’t have enough evidence to prove trump was involved in Jan 6, or just declare Jan 6 to be a “protest” not insurrection.
Goodmorningsunshine@lemmy.world 10 hours ago
I mean “No man shall hold office who committed insurrection” seems like a mechanism in and of itself. Dude just can’t run/be on a ballot. We just have two branches of government bought and paid for by the insurrectionist and America’s richest and most fanatical scum who refuse to follow the law.
Thunderbird4@lemmy.world 5 hours ago
We tried that. The states, ostensibly, run federal elections independently of the federal government and decide who goes on the ballots. Colorado, Illinois, and Maine removed trump from their 2024 ballots on the grounds that he was ineligible under the 14th amendment. SCOTUS struck it down saying that the states (who, again, are supposed to have authority to run and administer federal elections within their territory) do not have the authority to enforce the insurrection clause of the 14th amendment.
IDKWhatUsernametoPutHereLolol@lemmy.dbzer0.com 10 hours ago
Who decides who is an insurrectionist?
Simple majority in Congress? Well then Congress can just outlaw the minority party
Supermajority in Congress? Well look at the senate vote for the second impeachment. That doesn’t work either.
Courts? They have a 6-3 supreme court.
States? Then we end up with red states blocking democrats from the ballot by false declaring them to be insurrectionists.
Public Opinion? How do you even measure that?
Criminal conviction of insurrection? Well trump never got convicted of anything involving insurrection.
So here we are…
HobbitFoot@thelemmy.club 8 hours ago
The legal system, which decided to take its fucking time.