and was shot down with the idea that he would have to be convicted of insurrection, which is rarely charged. Now that it's a Federalist Society trial balloon, it has merit.

Just complaining about the reception it received way back when.

Do you really want any judge, using their authority alone, to be able to disqualify any candidate or elected official without first obtaining a relevant conviction in a court of law?

No one's gonna be disqualified based on opinion, nor should they.

I linked to a court decision.

That part of the 14th Amendment was meant for Civil War politicians.

No one's been convicted for over 150 years. Even Trump deserves a trial. Honestly, I don't want him bared from running. He's the easiest to beat. I don't want Biden running against a person in their 40's or 50's, do you?

I assume "hops" was a typo and "hopes" was intended. My hopes or lack thereof have nothing to do with it.

The 14th Amendment disqualifies persons who have previously taken an oath to support the Constitution and subsequently engaged in insurrection or rebellion, or given aid and comfort to the enemies of the U.S. It says nothing about convictions or being limited to Civil War veterans.

No one has been disqualified without a conviction since the civil war.

Sitting congressman were actively spreading Nazi propaganda and working with Nazi emissaries to set up a Vichy-style government in the US during WWII, yet they weren’t disqualified.

Trump will not be disqualified without a relevant conviction.

To speculate otherwise is to live in fantasyland.

(I think the suit was brought by CREW) is the model. I hadn't taken it seriously until I looked a bit into that case and apparently, there are a lot of states that have similar legal language that would allow for their own Secretary of State--or potentially outside groups to file such state civil suits. Whether or not it is practical, even Laurence Tribe agrees that it is doable and that criminal insurrection conviction is not a prerequisite. He spoke to this on an interview with Joy Reid last week.

So, while I am not saying this is the path forward, it is not as dubious as many here still believe.

Lawsuits would grind slowly. Trump would fight exclusions from state ballots, but his lawsuits would be tossed, mostly. It would wind up at SCOTUS, who, depending on timing, could be faced with the idea of ruling on an election with "no Republican candidate" - a one party choice - or allowing Trump as a candidate because "no insurrection conviction". 6-3 two party race. Apathy could still elect Trump!

A potus is never nominated alone. They are (in modern times) nominated in conjunction with a vp who would be on the ballots.

That vp candidate would be able to run, and be elected as potus. So it would not be a one party election.

Couy Griffin was convicted of a misdemeanour, entering a restricted area (the Capitol of January 6) before the judge ruled to disqualify him from holding his county commissioner position.

the 14th amendment, thereby countering the two Federalist authors, then that is not consistent. I'm not making an argument for or against their take on the issue. But you should read what they actually wrote. Your point is not germaine to THEIR argument for activation of the clause. While University of Penn is publishing in coming weeks, here is their pre-print:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4532751

And here is VOX' take on it:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4532751

And here is what Tribe had to say.
https://www.msnbc.com/the-reidout/watch/trump-ineligible-to-become-president-again-conservative-scholars-argue-190683717859

I’m saying there must be ( and historically there has been) a finding of fact, in court, under oath, following rules of evidence (which requires the chance to cross-examine witnesses). In other words, a trial.

Without such a requirement, then disqualification rests solely upon judicial authority.

The misdemeanor had no bearing.

Read the decision:
https://www.citizensforethics.org/wp-content/uploads/2022/09/D101CV202200473-griffin.pdf

You are dreaming if you think Trump will be disqualified without a conviction.

“Mr. Griffin disputed none of these facts (of his participation in the insurrection) at trial”

That is the essential component- a finding of fact, under oath, in a courtroom, during a trial,following the rules of evidence, the enabled the judge to proceed with disqualification under the 14th.

If Griffin had not gone to trial, with all the relevant facts introduced and accepted as evidence, then the judge’s ruling would have been based solely on his authority as a judge, which is quite a slippery slope.

Only eight people have been disqualified under the 14th Amendment since the civil war, and all of them either served in the Confederate Army or had convictions relevant to insurrection or rebellion.

Donald Trump will not be disqualified under the 14th amendment without first being convicted of a relevant offence, regardless of arguments about the amendment being “self executing”.

Yes, I know the constitution says nothing about requiring a conviction, but if each state were to find a sympathetic judge to disqualify Trump, using judicial authority alone, then Dems should prepare for a wave of MAGA judges using their authority to disqualify dozens, if not hundreds of Democratic candidates.

If no conviction is required to establish findings of fact under accepted rules of evidence, then MAGA judges are free to accept hearsay in ruling to disqualify Democratic candidates.

Who/what is going to stop them?

He persists with the claim that he won the 2020 election.

Check out the text of the 22nd Amendment: "No person shall be elected to the office of the President more than twice,...."

Not inaugurated. Elected. With his claim that he was elected in 2020, he is, by his own definition, ineligible to be elected a third time. I'd say the Federal Election Commission would be justified in presenting him with an ultimatum: formally concede the 2020 election to Joe Biden, or drop out of the 2024 race.

The federalist society angle is very interesting. Holes seem to be springing up everywhere. Does he have enough arms to plug them all? I would argue, not a chance in hell. Although hell....

"Mean ol levee taught me to weep and moan" LZ

after Nuremberg, etal, but none of them did time because the prosecution was dropped. The Nazis were all in Congress at the time, and who knows how many others would have been caught up in it.

They acted as though WWll never happened, or maybe we were on the wrong side.

Similar things could happen now.