ST Alpha - "Section 3 of the 14th Amendment doesn't require a criminal conviction (though he'll probably get one). you try to overthrow the duly elected gov't" (Reading a Post)

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In response to "I don't even think it's supported (yet). We do live in a world of innocent till guilty. Absent him actually being convicted, I don't think it would " by Will Hunting

Section 3 of the 14th Amendment doesn't require a criminal conviction (though he'll probably get one). you try to overthrow the duly elected gov't

Posted by hollywood big shot (aka pickmix) Aug 20 '23, 08:24

you don't get to hold public office. January 6th is exactly what the amendment was intended to prevent/remedy:

"Section 3
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"

Responses:

I read it. I'll stand by my comments. A not-yet guilty man getting booted from the ballot is a huge bridge to cross. - Will Hunting Aug 20, 08:27 5
- It is supported without a conviction (even the Federalist Society law professors have taken that position), but I agree. Practically it would be a - pmb Aug 20, 08:30 4
  - We could start putinizing elections, he routinely gets opposition charged with corruption in some backwarer court to prevent their candidacy -- nm - zeitgeist Aug 20, 11:21
  - But. I will add that I would assume it would take something equivalent to a trial in the state houses to conclude that he is guilty of insurrection - pmb Aug 20, 08:34 2
    - What we need you to do is post how you are wrong and the steps you are doing to make it right -- nm - con_carne Aug 20, 09:18
    - Do you understand that we all know you are a lawyer and we all want you to do what's right? -- nm - con_carne Aug 20, 08:57

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Section 3 of the 14th Amendment doesn't require a criminal conviction (though he'll probably get one). you try to overthrow the duly elected gov't

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