• Wilco@lemm.ee
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    8 days ago

    Yes, but if Trump refuses to leave office then he will need some serious guards. My understanding of the Constitution is that he becomes a domestic threat at that point and “fighting him” is technically legal … and required by anyone that took an oath to defend the Constitution.

    • dryfter@lemm.ee
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      7 days ago

      He’s already a domestic threat, he doesn’t care about the Constitution or laws

    • Omega@lemmy.world
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      8 days ago

      Technically he’s barred from office per the 14th amendment.

      Technically is great until it’s ignored.

      • ERROR: Earth.exe has crashed@lemmy.dbzer0.com
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        8 days ago

        The people who wrote the 14th amendmend fucked up. They did not specify how the disqualification clause is supposed to be invoked.

        I mean, how are we suppose to invoke that?

        States? If so, red states could just ban democrats by abusing the disqualification clause.

        Conviction in courts? Well, trump never got convicted for treason/sedition. States convictionss of fraud isn’t disqualifying.

        Simple Majority in congress? Well, again, a unified congress can just use it to disqualify the other party.

        Supermajority? Well, that would never happen.

        Supreme court? Well… look at the composition of the court

        So… yea… somebody fucked up.

        Blame the authors of the 14th amendment.

        • Omega@lemmy.world
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          8 days ago

          Ideally the courts would rule on it and it would be up to congress with a supermajority to reverse it.

          To be clear, a court did rule that he committed treason and was barred from running. SCOTUS did not say they were wrong, they only stated that they (the fucking courts) did not have the power to APPLY THE CONSTITUTION.

          So yeah. It would be up to the courts to apply the constitution and SCOTUS would have the final word. I’m not sure why it would be any different from any other ammendment.

        • RedditRefugee69@lemmynsfw.com
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          8 days ago

          I’m pretty sure the Founders were under the impression that we’d rewrite the Constitution periodically when we discovered loopholes or other new problems they didn’t foresee.

        • mapumbaa@lemmy.zip
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          7 days ago

          It is impossible to write an eternal constitution. Believing that is the biggest flaw of the American mindset.

    • loopedcandle@lemmynsfw.com
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      8 days ago

      I first took that oath 20 years ago. If orange idiot refuses to leave, I will be exercising my constitutional legal actions.