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Sun Feb 14, 2021, 11:26 PM

 

Here's a way that Congress can invoke the 14th Amendment insurrection clause against Trump [View all]

As I and others have been saying (with some pushback), Congress cannot unilaterally apply the 14th Amendment insurrection clause by declaring by majority vote that Trump is guilty of insurrection and disqualify him from public office. Such an action would violate the 14th Amendment Due Process Clause and would never be permitted by the courts. A court would have to determine that Trump is guilty of insurrection before the 14th Amendment insurrection clause could be invoked against him.

Jennifer Rubin has suggested a process that Congress can use to make this happen - Professor Laurence Tribe concurs.


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Reply Here's a way that Congress can invoke the 14th Amendment insurrection clause against Trump [View all]
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