Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member


(6,429 posts)
3. I would love a definitive answer on this.
Tue Feb 16, 2021, 10:35 AM
Feb 2021

People I trust to understand Constitutional Law (those who teach it & practice it) say that S3 of 14A requires a "finding" & that "finding" must be a criminal conviction. In other words, Trump MUST be convicted in a criminal court before S3 of 14A could be used.

S3 is short & easy to read & it makes no mention of a "finding" requirement, & even if the need for a finding is required (I can understand how it might be implied due to due process requirements) it doesn't specify if that finding must be a criminal conviction, or perhaps an act of Congress passed by majority vote of both chambers.

This seems like it may be a case where we could try it & let the courts sort it out, with the possibility that SCOTUS would clarify what's required to invoke S3 of 14A penalties.

The 14th Amendment:


Latest Discussions»Issue Forums»Editorials & Other Articles»Block Trump from office w...»Reply #3