• IHeartBadCode@kbin.social
    link
    fedilink
    arrow-up
    5
    ·
    10 months ago

    But that then begs the question, which court establishes that? Because in the Colorado sense, three different courts made determination on the matter. And Article I Section 3 Clause 7 of the Constitution seems to imply that there is a difference between the political ramifications and the criminal ramifications of acts. While impeachment is established in Article I of the Constitution as being vested for the President as the House to decide and the Senate to adjudicate. Nothing in the 14th, Section 3 seems to delegate the political ramifications to any one group.

    So Trump isn’t guilty criminally of insurrection, but the 14th doesn’t seem to indicate that you absolutely need a criminal indictment to carry out the political aspects of section 3. Colorado’s determination isn’t robbing him of life and liberty, just of his qualifications for political office.