Lakhota
Diamond Member
- Jul 14, 2011
- 166,897
- 91,421
J. Michael Luttig is a former federal judge on the U.S. Court of Appeals for the Fourth Circuit.
Laurence H. Tribe is the Carl M. Loeb University Professor of Constitutional Law Emeritus at Harvard University.
The only question is whether American citizens today can uphold that commitment.
As students of the United States Constitution for many decadesāone of us as a U.S. Court of Appeals judge, the other as a professor of constitutional law, and both as constitutional advocates, scholars, and practitionersāwe long ago came to the conclusion that the Fourteenth Amendment, the amendment ratified in 1868 that represents our nationās second founding and a new birth of freedom, contains within it a protection against the dissolution of the republic by a treasonous president.
This protection, embodied in the amendmentās often-overlooked Section 3, automatically excludes from future office and position of power in the United States governmentāand also from any equivalent office and position of power in the sovereign states and their subdivisionsāany person who has taken an oath to support and defend our Constitution and thereafter rebels against that sacred charter, either through overt insurrection or by giving aid or comfort to the Constitutionās enemies.
The historically unprecedented federal and state indictments of former President Donald Trump have prompted many to ask whether his conviction pursuant to any or all of these indictments would be either necessary or sufficient to deny him the office of the presidency in 2024.
I agree with Luttig and Tribe. Section 3 of the 14th Amendment of the U.S. Constitution seem clear to me! What will SCOTUS do? What do you think?
Laurence H. Tribe is the Carl M. Loeb University Professor of Constitutional Law Emeritus at Harvard University.
The only question is whether American citizens today can uphold that commitment.
As students of the United States Constitution for many decadesāone of us as a U.S. Court of Appeals judge, the other as a professor of constitutional law, and both as constitutional advocates, scholars, and practitionersāwe long ago came to the conclusion that the Fourteenth Amendment, the amendment ratified in 1868 that represents our nationās second founding and a new birth of freedom, contains within it a protection against the dissolution of the republic by a treasonous president.
This protection, embodied in the amendmentās often-overlooked Section 3, automatically excludes from future office and position of power in the United States governmentāand also from any equivalent office and position of power in the sovereign states and their subdivisionsāany person who has taken an oath to support and defend our Constitution and thereafter rebels against that sacred charter, either through overt insurrection or by giving aid or comfort to the Constitutionās enemies.
The historically unprecedented federal and state indictments of former President Donald Trump have prompted many to ask whether his conviction pursuant to any or all of these indictments would be either necessary or sufficient to deny him the office of the presidency in 2024.
Trump Is Constitutionally Prohibited From the Presidency
I agree with Luttig and Tribe. Section 3 of the 14th Amendment of the U.S. Constitution seem clear to me! What will SCOTUS do? What do you think?