Does the constitution prohibit Trump from serving as president?

That is not what it says in 14a. It mentions 2/3rds of both houses, but that's only to remove the restriction that would make a person ineligible.

 

If there was any other way to apply the standard, they would have tried it already. In fact, they did try it in January 2021. Trump was impeached over the Jan 6 riot and acquitted by Congress. The whole point of impeaching him then was to ensure he could never hold office again. Or so that is what we were told. Of course, without a conviction, impeachment is pointless.

 

Impeachment is a different matter.

Just saying that 2/3rds is not the standard in 14a. The only standard seems to be that the person was involved in an insurrection or gave aid & comfort to the enemy.

 

As always, it rings very true having read through this thread:

 

Why Using The 14th Amendment To Get Trump Won't Hold Up (thefederalist.com)

Even if Trump secures enough electoral votes to win the presidency next year, legal Professors Michael Paulsen and Will Baude argue, the 14th Amendment to the Constitution would disqualify him from federal office. Former Judge Michael Luttig and Professor Laurence Tribe have enthusiastically seconded the theory. While their theory about the continuing relevance of the Constitution’s insurrection clause strikes us as correct, they err in believing that anyone, down to the lowest county election worker, has the right to strike Trump from the ballot.

Section 3 distinguishes between “rebellion” and “insurrection,” and we have a contemporary guide to the meaning of that distinction. In the Prize Cases (1863), the Supreme Court declared that “nsurrection against a government may or may not culminate in an organized rebellion, but a civil war always begins by insurrection against the lawful authority of the Government.” “Insurrection” therefore refers to political violence at a level lower or less organized than an “organized rebellion,” though it may develop into that. Trump may have been an “insurrectionist” but not a “rebel.”


But that view is not universally shared. Finding “disinterested observers” in a country marked by passionate disagreements over Donald Trump is no easy task. Despite the scenes of the attack on the Capitol and extensive investigations, the American people do not seem to agree that Trump took part in an insurrection or rebellion. Almost half the respondents in a 2022 CBS poll rejected the claim that the events of Jan. 6 were an actual “insurrection” (with the divide tracking partisan lines), and 76 percent viewed it as a “protest gone too far.”

Other considerations also call into question the claim that Trump instigated an “insurrection” in the constitutional sense. If it were clear that Trump engaged in insurrection, the Justice Department should have acted on the Jan. 6 Committee’s referral for prosecution on that charge. Special Counsel Jack Smith should have indicted him for insurrection or seditious conspiracy, which remain federal crimes. If it were obvious that Trump had committed insurrection, Congress should have convicted him in the two weeks between Jan. 6 and Inauguration Day. Instead, the House impeached Trump for indictment to insurrection but the Senate acquitted him.

 

Without folks like @mutz87 , capitalism wouldn’t work so well. So there’s that ..

 

Probably the best place for this. Might be a good time to get other citizenship, unless you agree that DT's first term, especially on immigration and honoring the election, was too scrupulously legal.

 

Glad to see that he is at least apparently engaged in bipartisan blocking of everyone to have ever told him he is wrong about something.

I was worried that I was somehow special in that regard, but it’s apparently a general safe space, not a targeted “No Ben Zone”.

 

I didn’t know there was a distinction between block and ignore.

I don’t have anyone blocked, but I think my offense was being dismissive of the suggestion that the State of Florida might cause World War III if it refuses to award state contracts to entities that do business in Iran.

 

Oh, well if The Federalist says Trump will get away with it, it must be true.

 

I ignore trolls, fools and Russian puppets. You need to work harder.

 

It's the MAGAts no one cares about. If I wanted their opinions, I'd do interviews at a Klan rally.

 

Sure, that's why you continue to whine about them daily

 

Apparently Trump and MAGA nation thought that liberals (and/or rational moderates) were relevant and cared about what they thought that the Donald and his MAGA followers were willing to attempt a coup d'état on January 6, 2021 to undue what the supposedly irrelevant liberals did when they went to the polls the previous November.

 

Lincoln wiped his ass with the constitution....in order to preserve the union. Guess he'd be excluded too.

 

I like slapping down the particularly dumb ones that post here.