Poll: Who has enforcement authority of the 14th Amendment to the US Constitution?

[ThisIsMe]

the text of 14th section 3 says engaged in, or give aid or comfort to the insurrectionists.

But who determined it was an insurrection? The cotus didn’t determine it, it just says what the penalties are.

 

[Leviticus]

That’s not necessarily true. Jefferson Davis was going to go on trial for treason, and there were 37 other indictments that were dropped at the time Davis was deemed not to go to trial.

All other non indicted civil war conspirators were pardoned…..pardoned from what? If there were never going to be any charges, then pardons wouldn’t be necessary.

The Trial of Jefferson Davis Cancelled - February 15, 1869 - Richmond National Battlefield Park (U.S. National Park Service)

www.nps.gov

So, if no charge is necessary, then what are you going to use to remove him from the ballot?

The fact that some WERE charged with crimes doesn't make what I said untrue. Many former confederates were not charged. But they were still banned from public office under the 14th amendment.

 

[ThisIsMe]

The fact that some WERE charged with crimes doesn't make what I said untrue. Many former confederates were not charged. But they were still banned from public office under the 14th amendment.

Maybe…again, many of them were pardoned by the president. Had he not done that, who knows how many would have been charged.

The fact that they weren’t charged doesn’t mean it’s not required, it just means there was no need after the pardon.

 

[Concerned American]

Sure glad we don't depend on you to determine a person's guilt in the US. That is clearly addressed in the 4th, 5th, and 6th amendments concerning DUE PROCESS. There has been none.

 

[Concerned American]

The fact that some WERE charged with crimes doesn't make what I said untrue. Many former confederates were not charged. But they were still banned from public office under the 14th amendment.

Except Trump wasn't engaged in the civil war either.

 

[dudmuck]

Sure glad we don't depend on you to determine a person's guilt in the US. That is clearly addressed in the 4th, 5th, and 6th amendments concerning DUE PROCESS. There has been none.

does somebody born in another country have due process for not being qualified to be on ballot for president? I think not.

 

[Concerned American]

does somebody born in another country have due process for not being qualified to be on ballot for president? I think not.

Being born out of the country is not a crime--participating in an insurrection is.

18 U.S. Code § 2383 - Rebellion or insurrection

www.law.cornell.edu

 

[Curried Goats]

Who said trump committed insurrection?

8 judges so far.

 

[Leviticus]

Maybe…again, many of them were pardoned by the president. Had he not done that, who knows how many would have been charged.

The fact that they weren’t charged doesn’t mean it’s not required, it just means there was no need after the pardon.

The fact that they were removed without criminal charges means criminal charges were not required. That's how legal precedent works. The President gave a blanket pardon against charges arising from the rebellion but former confederates were still barred from holding federal offices.

 

[Nostra]

8 judges so far.

Zero juries.
Zero charges for insurrection.

Banana Republic.

 

[Curried Goats]

Zero juries.
Zero charges for insurrection.

Banana Republic.

We have different courts to decide different issues you dumb Bingo. You don't need a criminal trial to determine whether someone is disqualified from being on a ballot.

 

[konradv]

Zero juries.
Zero charges for insurrection.

Banana Republic.

Zero ethics
Zero intelligence

MAGA WORLD!

 

[Rawley]

The fact that some WERE charged with crimes doesn't make what I said untrue. Many former confederates were not charged. But they were still banned from public office under the 14th amendment.

There were congressional acts and Presidential proclamations that the Confederates were insurrectionists.

 

[Nostra]

We have different courts to decide different issues you dumb Bingo. You don't need a criminal trial to determine whether someone is disqualified from being on a ballot.

If you are using the 14th the only entity who has enforcement power is Congress, Simp.

Insurrection is a federal crime, not a state civil court matter.

 

[Nostra]

Zero ethics
Zero intelligence

MAGA WORLD!

Irony to the max!

 

[Curried Goats]

If you are using the 14th the only entity who has enforcement power is Congress, Simp.

Can only Congress enforce article 2 section 1? Because States disqualify people from presidential ballots all the time.

Insurrection is a federal crime, not a state civil court matter.

Insurrection is act you fucking moron. That action can be prosecuted as a crime it can also disqualify you from being President.

 

[Nostra]

Can only Congress enforce article 2 section 1? Because States disqualify people from presidential ballots all the time.

Insurrection is act you fucking moron. That action can be prosecuted as a crime it can also disqualify you from being President.

Congress is the only entity given enforcement power for the 14th, Simp.

 

[Leviticus]

There were congressional acts and Presidential proclamations that the Confederates were insurrectionists.

Yes there were. But that is Irrelevant. The wording of the amendment itself is all that matters. The fourteenth amendment does not specify the act of congress or the president is required. Nor does it specify that only the federal government has the authority to enforce the fourteenth amendment. In fact there is no enforcement mechanism in the fourteenth amendment at all. Technically, it could be argued that enforcement of the fourteenth amendment falls under the tenth amendment, Because federal authority over the matter is not specified.

 

[Leviticus]

Congress is the only entity given enforcement power for the 14th, Simp.

Have you ever read the fourteenth amendment because it doesn't say that. In fact it doesn't say anything about who has the authority two enforce it.

 

[Curried Goats]

Congress is the only entity given enforcement power for the 14th, Simp.

1. Says who?

2. That's a different argument then the one you were just making which was that a criminal conviction for insurrection was the disqualifier. Congress doesn't have any role in criminal convictions, Simp.