The Left Has Hatched A New Plan to Rid Themselves of Trump PJ Media
The Fourteenth Amendment, Section 3 says: No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
This was designed to keep unrepentant Confederates out of public office after the Civil War (although many did hold office, as more often than not Congress did vote to waive the prohibition). As PJM s Rick Moran noted Wednesday, it s already being used against America-First Rep. Madison Cawthorn (R-N.C.), although he is fighting back hard. It s likely to be used against others who are associated with the Jan. 6 non-insurrection as well.
via pjmedia.com
Well, at worst this idea-oid will produce a brain-gush of law review articles, some of which might be interesting if they go beyond Orange Man Bad. If I were on the Court of all Courts, I would rule the matter injusticiable, and let the matter be fought out in the political branches, as an exercise in the passive virtues of avoidance, discretion and prospective CYA. Which is ridiculous, I know, but whatcha you gonna do? What is an “insurrection” after all? Somebody could sue Trump, claiming he was an insurrectionist, and ultimately lose, and/or a majority Republican Congress might or might not bar him. If they did, that would open the door for Gov. Desantis, which would be a good thing in my book. Unsightly, yes. But whatcha you gonna do.