this post was submitted on 06 Sep 2023
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cross-posted from: https://lemmy.world/post/4561007

A liberal group on Wednesday filed a lawsuit to bar former President Donald Trump from the primary ballot in Colorado, arguing he is ineligible to run for the White House again under a rarely used clause in the U.S. Constitution aimed at candidates who have supported an “insurrection.”

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[–] [email protected] 6 points 1 year ago (1 children)

Would it not reside with Congress per the Consitution? Sounds like a vote in Congress must be held and anything less than a 2/3 vote would mean he is disqualified.

[–] [email protected] 3 points 1 year ago (1 children)

Isn't the question whether or not his involvement in the insurrection already makes him disqualified per the constitution? That might require the SC to decide if that means someone has to be convicted to be prevented from running.

[–] [email protected] 6 points 1 year ago

Did Trump violate his oath of office?

I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.

It's a fact that Trump moved to circumvent Constitution of the United States which violates his oath. The 14th Amendment Section Three reads:

Section 3 Disqualification from Holding Office 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.

It is a fact Trump gave aid to those participants on January 6, 2021. This actives the 14th amendment and disqualifies him from any government office.