It will probably ultimately depend on whether or not the Supreme Court decides to uphold the 14th amendment of the Constitution. The lower courts are slowly working their way towards bringing that question to the Supreme Court as it relates to Trump.
Unfortunately, the 14th Amendment only applies to those who have “previously taken 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”.
Which means it does apply to *rump and the members of Congress who participated in the plot, may they soon be brought to justice.
You bring up an interesting point, and I’ll admit I am not a constitutional lawyer. But section 3 of the 14th amendment says that hey couldn’t have sworn to uphold the Constitution prior to attempting insurrection. Thats how they are framing it for Trump too because he swore to uphold the Constitution when he came into office. I don’t know if Chansley had done the same or if that would make a difference.
No he can’t. Jan 6 was an insurrection. He’s absolutely ineligible
I agree with you.
So can he or can’t he be voted in?
It will probably ultimately depend on whether or not the Supreme Court decides to uphold the 14th amendment of the Constitution. The lower courts are slowly working their way towards bringing that question to the Supreme Court as it relates to Trump.
It has more to do with being released from federal prison.
Unfortunately, the 14th Amendment only applies to those who have “previously taken 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”.
Which means it does apply to *rump and the members of Congress who participated in the plot, may they soon be brought to justice.
Can you point out exactly what makes him ineligible? Even if everyone agreed that it was an insurrection, point out where it would bar him.
Can’t work from home when that home is a federal prison.
He was sentenced for 3 years. (Which is a joke, but that’s besides the point.)
And he’s ex military which means the 14th applies
You bring up an interesting point, and I’ll admit I am not a constitutional lawyer. But section 3 of the 14th amendment says that hey couldn’t have sworn to uphold the Constitution prior to attempting insurrection. Thats how they are framing it for Trump too because he swore to uphold the Constitution when he came into office. I don’t know if Chansley had done the same or if that would make a difference.
He was in the military. I definitely remember swearing an oath to uphold the constitution when I enlisted. Section 3 should bar him no problem.
Oh, I didn’t know that about him. I’ll be honest I have not followed his story very closely.