Who to ban from office: The Constitution's 'engaged in insurrection' provision should be invoked only against Jan. 6 rioters – New York Daily News

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Those who swallow Donald Trump’s lie about the 2020 election — and who simultaneously claim to abide by the letter and spirit of the U.S. Constitution — should give a careful read to the 14th Amendment.
Section 3 states: “No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, 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. But Congress may by a vote of two-thirds of each House, remove such disability.”
Griffin’s shirt says Cowboys for Trump, but the 14th Amendment says he can’t hold public office. (Morgan Lee/AP)
A New Mexico state judge didn’t just read those words. He enforced them, issuing a decision against a county commissioner who had participated in the siege of the Capitol on Jan. 6. Couy Griffin breached the Capitol and entered a restricted area. Good: After swearing an oath as a public official, this man engaged in actual insurrection against his country and its Constitution.
Now come the dizzy hopes that building on this precedent, dozens of federal and state legislators who’ve voted against certifying Biden’s victory, lied about the 2020 election results or otherwise played footsie with the insurrectionists (”aid or comfort to the enemies”) will be disqualified from office. Such a purge is not going to happen, nor should it. And presidents aren’t explicitly mentioned in the Constitution’s text, making its application to them debatable.
Claiming that an election result is fraudulent or even that the entire U.S. government is rotten through and through is protected speech. Bright red Communists and full-blown Socialists can serve if elected too. It’s up to the people, in an election, to remove you.
Copyright © 2022, New York Daily News
Copyright © 2022, New York Daily News


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