I mean “No man shall hold office who committed insurrection” seems like a mechanism in and of itself.
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…
Thunderbird4@lemmy.world 5 months 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.