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What does the Constitution say about insurrection? Section 3 of the Fourteenth Amendment prohibits anyone who has previously taken an oath of office (Senators, Representatives, and other public officials) from holding public office if they have "engaged in insurrection or rebellion" against the United States.

Disqualification from Public Office Under the 14th Amendment

FindLaw
https://constitution.findlaw.com › annotation15

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Fourteenth Amendment Section 3 - Constitution Annotated

Congress.gov

https://constitution.congress.gov › amendment-14 › se...

Section 3 Disqualification from Holding Office ... But Congress may by a vote of two-thirds of each House, remove such disability. Amdt14.S3.1 Overview of ...
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Disqualification Clause · ‎Table of Cases · ‎Supreme Court Decisions...

maineman » 11 Sep 2023, 5:10 pm » wrote: ↑

11 Sep 2023, 5:10 pm

The 14th adds an additional qualification.

No...it doesn't
 

razoo » 11 Sep 2023, 5:02 am » wrote: ↑

11 Sep 2023, 5:02 am

Trump Is Constitutionally Prohibited From the Presidency

The Atlantic

The former president's efforts to overturn the 2020 presidential election, and the resulting attack on the U.S. Capitol, place him squarely within the ambit of the disqualification clause, and he is therefore ineligible to serve as president ever again.Aug 19, 2023

Trump Is Constitutionally Prohibited From the Presidency

The Atlantic

https://www.theatlantic.com › ideas › archive › 2023/08

 

What do most Americans say? 

Sixty-five percent of Americans supported selecting the President by popular vote, compared to 32% who preferred the Electoral College in a June 2018 PRRI/Atlantic survey. 

​​​​​​​With Instant Run-off Voting, we would determine a true majority winner in one election and banish the spoiler concept. Voters would not have to calculate possible perverse consequences of voting for their favorite candidate. They could vote their hopes, not their fears."

http://www.instantrunoff.com

http://www.fairvote.org

http://www.reclaimdemocracy.org

http://www.firv.org/

http://www.massirv.org

http://www.nysirv.org

http://www.midwestdemocracy.org

What does the Constitution say about insurrection? Section 3 of the Fourteenth Amendment prohibits anyone who has previously taken an oath of office (Senators, Representatives, and other public officials) from holding public office if they have "engaged in insurrection or rebellion" against the United States.

Disqualification from Public Office Under the 14th Amendment

FindLaw
https://constitution.findlaw.com › annotation15

==========================================================

Fourteenth Amendment Section 3 - Constitution Annotated

Congress.gov

https://constitution.congress.gov › amendment-14 › se...

Section 3 Disqualification from Holding Office ... But Congress may by a vote of two-thirds of each House, remove such disability. Amdt14.S3.1 Overview of ...
‎
Disqualification Clause · ‎Table of Cases · ‎Supreme Court Decisions...

ConsRule » 11 Sep 2023, 5:38 pm » wrote: ↑

11 Sep 2023, 5:38 pm

No...it doesn't

I disagree.  so let's quit rehashing.

What does the Constitution say about insurrection? Section 3 of the Fourteenth Amendment prohibits anyone who has previously taken an oath of office (Senators, Representatives, and other public officials) from holding public office if they have "engaged in insurrection or rebellion" against the United States.

Disqualification from Public Office Under the 14th Amendment

FindLaw
https://constitution.findlaw.com › annotation15

Fourteenth Amendment Equal Protection and Other Rights

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.

Amdt14.S3.1 Overview of Disqualification Clause

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 ...


Fourteenth Amendment Section 3 - Constitution Annotated

February 26, 2021

Press Release


WASHINGTON – Congressman Steve Cohen (TN-09), the Chairman of the Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties, today introduced a measure to enforce Section 3 of the Fourteenth Amendment prohibiting those who have engaged in insurrection or rebellion against the United States from holding public office.


Ratified in the aftermath of the Civil War, Section 3 of the Fourteenth Amendment explicitly disqualifies any person from public office who, having previously taken an oath as a federal or state office holder, engaged in insurrection or rebellion. This disability can only be removed by a two-thirds vote of each House of Congress. Having lived through that violent rebellion, the framers of Section 3 of the Fourteenth Amendment were concerned that office holders who had engaged in insurrection might again serve in the very State and Federal governments they had previously sought to violently overthrow.


Congressman Cohen made the following statement:


"The January 6, 2021 attack on the U.S. Capitol demonstrates that the concerns that prompted ratification of the Fourteenth Amendment remain relevant today. On that day, a mob violently stormed the United States Capitol in an attempt to impede the constitutional function of our democracy and overturn the 2020 election results. This was the first time the Capitol had been invaded since the War of 1812. It is important that we enforce the constitutional provision establishing that any office holders who violated their oaths of office and engaged in this insurrection cannot be trusted with public office."


The legislation introduced today would create a modern mechanism to enforce this section of the Constitution through a cause of action for the Attorney General before a three-judge panel. Should the Attorney General prove, by clear and convincing evidence, that an officeholder or former officeholder engaged in insurrection or rebellion, that individual would be disqualified from holding public office.


Also under this legislation, disqualified individuals would forfeit any benefits derived from their service in federal office and would be prohibited from obtaining contracts with the federal government. The bill also amends the Former Presidents Act so that an individual disqualified under Section 3 of the Fourteenth Amendment pursuant to this legislation would not be considered a "former President" for the purpose of receiving benefits under the Act.