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Off topic but interesting
Some contend that section 3 of the 14th Amendment, which bars former insurrectionists from public office, bars Donald Trump, and there is major legal debate on the issue.
Attorney Don Kilmer points out that §3 also allows Congress to remove that bar by a 2/3 vote, and in 1872 Congress did so as to all but a handful of offices, not including the presidency. 17 Stat. 142.
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why do you lawyers write so confusingly? I can follow most things but this seems like a brain teaser...
The way I read it, the prohibition semi-ambiguously applied to the president in the first place. It's covered by the ...hold any office... part but the swearing an oath part doesn't quite fit (officer means military officer) or does it - does executive officer of any state include the US or just the individual states?
As to the removal, it would appear that if it did apply to the president since it isn't specifically excepted in the list. Unless head of department could be somehow equated to the president?
Signed,
Head-scratching Harry
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All law students are required to take 4 yrs of ambiguity in law school so they learn to write laws so that the law can be confusing.
What about Fitzhugh Lee, Joe wheeler, and Thomas Rosser during the war with spain? Where they individually approved or is there another general amnesty that has not been found yet?
14th Amendment, 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."
Read this very carefully - it does not apply to the President, nor - arguably - to the Vice President. Look at the hierarchy of offices listed and note that positions of President and Vice President are not stipulated. The President is not "an officer of the united States" - he is the President and holds all executive power. All "officers of the united States" (civil and military - basically, anyone requiring senate confirmation) serve to implement the President's authority.
Besides which, Section 3 is not self-enforcing. Mr. Trump has not been indicted for sedition or treason, much less convicted.
TWD
Well, that's that, then.