03-06-2024, 05:10 PM
(03-06-2024, 08:27 AM)Old Guy Wrote: "Section 5 - The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
And Congress has done so by passing
"18 U.S. Code § 2383 - Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States."
The Supreme Court never said no insurrection because it was obvious that there was no conviction for insurrection and they always take the easy way out. In this case that means that disqualification was beyond state authority as clearly stated in Section 5.
1. There was no insurrection, I know what an insurrection looks like and this wasn't it(also Trump was not involved, but lets leave that aside for a second)
2. Even if he was, there's no Constitutional previsions to remove someone on the ballot for being so. The Suppreme Court did their job of preserving ACTUAL democracy here.