When Donald Trump took the oath of office once again, it was the last time he’d be able to do so under the country’s constitution. But that hasn’t stopped his team from flirting with the idea of running again, writes Alex Hannaford – and the Democrats are nowhere to be seen...
Technically he’s barred from office per the 14th amendment.
Technically is great until it’s ignored.
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.
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.
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.
You mean like all the amendments?
You mean like how every other country handles their constitution? That’s crazy talk.
It is impossible to write an eternal constitution. Believing that is the biggest flaw of the American mindset.
——- Thomas Jefferson