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 Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

General Discussion

In reply to the discussion: How cool is this ? [View all]

dweller

(28,473 posts)
8. from page 33
Fri Aug 11, 2023, 11:02 AM
Aug 2023

Tying together all of these different procedures and possibilities: consider briefly (and not-so-hypothetically) a violent insurrection on the seat of government, by a mob joined or given aid and comfort by various government officials, from a state representative or commissioner to a U.S. Senator to the President himself.110 From the moment of their participation in the insurrection, those officials would be legally ineligible to hold their offices, thanks to Section Three of the Fourteenth Amendment. How this would play out practically might vary across them. As the state official re- turned home, he would immediately be subject to state law procedures such as a quo warranto suit.111 He might be removed by such a suit,112 or might well choose to resign instead.113 The Senator might choose to brazen it out, counting on the difficulty in getting together a two-thirds vote to expel him. But if he sought re-election the Senate could and should exclude him by a mere majority vote. As for the hypothetical Presi- dent, by right he ought to be immediately subject to impeachment and conviction by Congress, and perhaps also a Twenty-fifth Amendment declaration by the Vice Pres- ident and supported by the cabinet. Even if those things did not happen, if he sought re-election, state election officials around the country would be bound by Section Three in deciding whether to put him on the ballot, even in the primary.

Really fun reading …


✌🏻

Recommendations

0 members have recommended this reply (displayed in chronological order):

Latest Discussions»General Discussion»How cool is this ?»Reply #8