The 14th Amendment to the Constitution bans anyone who ā€œengaged in insurrection or rebellion againstā€ the U.S. from holding office.

A Florida lawyer is suing Donald Trump in an attempt to disqualify his current run for president. Lawrence A. Caplanā€™s Thursday lawsuit claims that the ex-presidentā€™s involvement in the Jan. 6 Capitol riot would make him ineligible to run again, thanks to the Constitutionā€™s 14th Amendmentā€”a Civil War-era addition aimed at preventing those who ā€œengaged in insurrection or rebellion againstā€ the U.S. from holding office. ā€œNow given that the facts seem to be crystal clear that Trump was involved to some extent in the insurrection that took place on January 6th, the sole remaining question is whether American jurists who swear an oath to uphold the U.S. Constitution upon their entry to the bench, will choose to follow the letter of the Constitution in this case,ā€ the lawsuit says, also citing Trumpā€™s alleged efforts to overturn the 2020 election results in Georgia. Legal experts say itā€™s an uphill battle to argue in court, since the amendment has hardly been exercised in modern history. ā€œRealistically, itā€™s not a Hail Mary, but itā€™s just tossing the ball up and hoping it lands in the right place,ā€ Charles Zelden, a professor of history and legal studies at Nova Southeastern University, told the South Florida Sun Sentinel.

archive link to South Florida Sun Sentinel article: https://archive.ph/1BntD

  • nucleative@lemmy.world
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    1 year ago

    Yes, he probably did, and that alone disqualies him from getting my vote and hopefully the majority too.

    But consider that the founding fathers were insurrectionists. Consider that many figures in world history object to the ruling partyā€™s ideas and are labeled insurrectionists because of it. Itā€™s a tool of oppressors.

    In fact, some might label any protestor who does a sit in or some other rebellious or obnoxious activity as insurrection. One of the dictionary definitions of insurrection is ā€œThe act or an instance of open revolt against civil authority or a constituted government.ā€ The constitution of the US doesnā€™t offer a definition.

    In many countries, politicians are suppressed by accusations of insurrection solely because they oppose whoever is in power at the time.

    My argument is not that Trump is worthy of the job (heā€™s not), rather that I want this kind of decision in the hands of the voters, not a handful of lawyers and judges.