The 14th Amendment was intended to keep former Confederates out of government. The people who wrote it had no intention of putting former Confederates on trial.
Right, but 14A has only ever been used to disqualify two categories of people - public officials of the Confederacy and people convicted of an appropriate crime (such as the Espionage Act or charges related to Jan 6).
Trump is neither, so he’s going to challenge being disqualified by anything less on due process grounds. 14A is vague on that. Which ends with SCOTUS essentially deciding what due process should be, likely by looking at how it’s been used historically.
Conviction is not the important part, at all.
The 14th Amendment was intended to keep former Confederates out of government. The people who wrote it had no intention of putting former Confederates on trial.
Right, but 14A has only ever been used to disqualify two categories of people - public officials of the Confederacy and people convicted of an appropriate crime (such as the Espionage Act or charges related to Jan 6).
Trump is neither, so he’s going to challenge being disqualified by anything less on due process grounds. 14A is vague on that. Which ends with SCOTUS essentially deciding what due process should be, likely by looking at how it’s been used historically.
I agree, that amendment was directly talking about confederates who had done a known and agreed on insurrection.
It was also meant to apply to any future insurrections, like the one on Jan 6.
Jan 6th wasnt and insurrection, and trump would need to be convicted of an insurrection not just declared guilty by someone.
Nobody needed to be convicted in 1868, therefore Trump doesn’t need to be convicted today.
Yeah because it was literally a civil war…
The 14th Amendment applies to insurrections, not just wars.
Any attempt to stop the function of government by force is an insurrection, including the Whiskey Rebellion, the Civil War, and Jan 6.
Sounds good if it is a universally understood insurrection.
Insurrection has a legal definition, and that’s the definition that counts.
Judges are the ones responsible for deciding whether a legal definition applies, and so far all those involved said it does.