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U.S. Congress has the power to block Trump from taking office, but lawmakers must act now (thehill.com)

submitted 1 week ago* (last edited 1 week ago) by tardigrada@beehaw.org to c/politics@beehaw.org

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Archived version

This is an opinionated article by legal experts: Evan Davis was editor-in-chief of the Columbia Law Review and David Schulte was editor-in-chief of the Yale Law Journal. Both clerked for Justice Potter Stewart. Davis is a New York lawyer who served as president of the New York City Bar and Schulte is a Chicago investment banker.--

The Constitution provides that an oath-breaking insurrectionist is ineligible to be president. This is the plain wording of Section 3 of the 14th Amendment to the Constitution. “No person shall … hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.” This disability can be removed by a two-thirds vote in each House.

Disqualification is based on insurrection against the Constitution and not the government. The evidence of Donald Trump’s engaging in such insurrection is overwhelming. The matter has been decided in three separate forums, two of which were fully contested with the active participation of Trump’s counsel.

[...]

The unlikelihood of congressional Republicans doing anything that might elect Harris as president is obvious. But Democrats need to take a stand against Electoral College votes for a person disqualified by the Constitution from holding office unless and until this disability is removed. No less is required by their oath to support and defend the Constitution.

[...]

[Edit typo.]

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