this post was submitted on 29 Dec 2024
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This is an opinionated article by legal experts: Evan Davis was editor-in-chief of the Columbia Law Review and David Schulte was editor-in-chief of the Yale Law Journal. Both clerked for Justice Potter Stewart. Davis is a New York lawyer who served as president of the New York City Bar and Schulte is a Chicago investment banker.--

The Constitution provides that an oath-breaking insurrectionist is ineligible to be president. This is the plain wording of Section 3 of the 14th Amendment to the Constitution. “No person shall … hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath … 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.” This disability can be removed by a two-thirds vote in each House.

Disqualification is based on insurrection against the Constitution and not the government. The evidence of Donald Trump’s engaging in such insurrection is overwhelming. The matter has been decided in three separate forums, two of which were fully contested with the active participation of Trump’s counsel.

[...]

The unlikelihood of congressional Republicans doing anything that might elect Harris as president is obvious. But Democrats need to take a stand against Electoral College votes for a person disqualified by the Constitution from holding office unless and until this disability is removed. No less is required by their oath to support and defend the Constitution.

[...]

[Edit typo.]

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[–] ErsatzCoalButter@beehaw.org 14 points 2 days ago (1 children)

I mean I guess it is nice to see some resistance to nazification in the media but this is pure fantasy

[–] Didros@beehaw.org 2 points 1 day ago (1 children)

Very interesting to see people talk about America becoming more Nazi like when America supported Hitler at first, we had Hitler Youth summer camps for kids, set up concentration camps for Japanese citizens, practiced eugenics on 'inferior people' of a few types, invaded other nations... I feel we should talk about the Americanization of Nazi's more...

[–] ErsatzCoalButter@beehaw.org 1 points 15 hours ago (1 children)

Please don't willfully misinterpret. The USA was founded as and remains a fascist slavery empire. Because we are trying to describe the monster from within the monster, we are forced to use FOREIGN TERMS for the DOMESTIC MONSTER. I am not confused about the origins of fascism and slavery as it relates to "The United States" and "Germany," neither of which I view as legitimate entities.

[–] Didros@beehaw.org 1 points 4 hours ago

What was I misinterpreting?

[–] thebardingreen@lemmy.starlightkel.xyz 35 points 2 days ago* (last edited 2 days ago) (1 children)

Won't happen. Wishful thinking. Maybe one or two members, brave enough and politically secure enough will make a meaningless gesture, but that would actually be a pleasant surprise.

I originally posted this half a year ago. Now it’s even more true:

Our political system is an old, poorly maintained computer that sits at your grandparents’ house. It’s so clogged up with malware it can’t function and the scammers and botnets are doing whatever they want with it. It’s the only computer that your family has access to, and technically it’s supposed to be shared but in practice your grandparents only let you use it when they’re out of the house. Your grandparents don’t understand it and think it “runs fine” and are more scared you’re going to put commie or terrorist stuff on it than they are about the huge amount of viruses and spyware it’s already clogged up with. Your parents are too tired from working 3 jobs just to survive to care about it or pay attention to it and they “don’t use it anyway” so trying to get their help fixing it is useless.

You know that the ONLY WAY to fix this situation is to wipe the hard drive and reinstall, but grandma is worried she’d lose all her emails and grandpa says if there’s something wrong with it, he’ll fix it. You do see him messing around in settings all the time, but he clearly doesn’t know what he’s doing. He also talks to “Microsoft tech support” a couple times a week and sends them money. You’ve told him it’s a scam and he told you to “Shut up, you don’t know anything about computers.”

This isn’t even an analogy… it’s literally what’s happening. Legal systems are just complex code that runs on human beings. The constitution is the kernel, the US govt and all it’s bureaucracies are the OS and you could even think of the states as containers or virtual environments that run within the context of the bigger system. The OS has been completely hijacked by scammers (no, seriously, I’ve done subcontracting for big defence contractors), the users with the power to fix things don’t understand, don’t have the skills to fix it and are more scared of the people who want to fix the system than they are of the scammers. The other users who could help deal with the situation are too exhausted and burned out to care.

EDIT:

To really finish off this analogy, it needs to be added that your stupid little brother and his shitty friends ALSO use this computer to troll, harass girls and “nerds” they know from school and go on 4Chan. If you bring up reinstalling, your brother and ALL HIS FRIENDS dogpile into the conversation saying THEY want to reinstall too and that 4Chan says Hannah Montana Linux is the best OS to use… and they have a USB stick right here.

[–] The_Che_Banana@beehaw.org 22 points 2 days ago

Maybe if the DOJ did it's job this would even have been an issue, but somehow it took them 3 1/2 years to even get the process started because 'It may have upset tubby.'

[–] Midnitte@beehaw.org 16 points 2 days ago (1 children)
[–] DdCno1@beehaw.org 1 points 2 days ago

I've always been wondering what they were laughing about, but it seems like this has been lost to history:

https://knowyourmeme.com/memes/and-then-i-said

[–] Ghost33313@beehaw.org 9 points 2 days ago

I've seen enough lawyers tall about this. Can they? Sure. Will they? No. Republicans have too much control over Congress. Unless enough fall or of rank it won't happen.

[–] arsCynic@beehaw.org 14 points 2 days ago

Not gonna happen. The majority of the USA has succumbed to greed, I don't expect congress to be different. Society will collapse before the road to a more equitable future will be trodden.

[–] Scary_le_Poo@beehaw.org 2 points 1 day ago (1 children)

What in the stupid coup is this bullshit?

Journalistic wankery.

[–] Didros@beehaw.org 1 points 1 day ago (1 children)

I'm not sure coup means what you think it means

[–] Scary_le_Poo@beehaw.org 3 points 1 day ago* (last edited 1 day ago)

In the US we called Jan 6th "stupid coup".

Due to how incompetently it was executed.

[–] ShellMonkey@lemmy.socdojo.com 11 points 2 days ago

They may have the ability but they don't have the appetite. The other side of it of course is that if we start doing things like that on one side the other will as well and then we have no functioning vote regardless because congress would just do whatever they feel like.