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…
He took an oath as a member of the military, he also took part in insurrection.
The crimes charged in the indictment involve active participation in an insurrection attempting to violently overthrow the United States Government. By Chansley’s own admissions to the FBI and news media, the insurrection is still in progress and he intends to continue participating.
You and I might agree that it applies, but how much do you want to bet that some Trump appointed judges decide that it doesn’t apply and kill any effort to remove him from the ballot?
Ya’ll keep saying these things like I don’t already know, but regardless of what the 14th amendment says, or his military background, ultimately that determination will be made by a court decision, because if nothing else he will sue the state if they choose to take him off the ballot. I didn’t make the rules, or the legal system.
It will probably ultimately depend on whether or not the Supreme Court decides to uphold the 14th amendment of the Constitution. The lower courts are slowly working their way towards bringing that question to the Supreme Court as it relates to Trump.
You bring up an interesting point, and I’ll admit I am not a constitutional lawyer. But section 3 of the 14th amendment says that hey couldn’t have sworn to uphold the Constitution prior to attempting insurrection. Thats how they are framing it for Trump too because he swore to uphold the Constitution when he came into office. I don’t know if Chansley had done the same or if that would make a difference.
While obviously Chansley deserves to face punishment for his crimes, let’s not pretend that it wasn’t an obscenity that Eugene Debs had to run for office from prison for suggesting that the US had no business throwing lives away in the trenches of World War I
As much as I want to say no, to my knowledge he technically hadn’t “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” so I think he’d be eligible under Amendment 14, Section 3, article 1… quoted here in full:
Fourteenth Amendment, Section 3:
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.
Though, he had previously been in the US Navy, and the Navy oath of enlistment begins "“I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic…,” he was not even an officer in the Navy let alone in a legislative, executive or judicial branch position.
Pretty sure he would be eligible to run this time, whereas trump would not.
Is that even legal?
If you’re part of an insurrection, you shouldn’t be able to run for any public office anywhere.
If Germany would have had this same rule/law the whole world in this timeline would look completely different.
Hey look, you could theoretically identify as an anarchist, and have constructive ideas about how a government system could be improved
Unfortunately, yeah. Can’t vote but can be voted into office.
No. He’s ex-military, 14th amendment applies.
He took an oath as a member of the military, he also took part in insurrection.
From the court documents:
You and I might agree that it applies, but how much do you want to bet that some Trump appointed judges decide that it doesn’t apply and kill any effort to remove him from the ballot?
Ya’ll keep saying these things like I don’t already know, but regardless of what the 14th amendment says, or his military background, ultimately that determination will be made by a court decision, because if nothing else he will sue the state if they choose to take him off the ballot. I didn’t make the rules, or the legal system.
No he can’t. Jan 6 was an insurrection. He’s absolutely ineligible
I agree with you.
So can he or can’t he be voted in?
It will probably ultimately depend on whether or not the Supreme Court decides to uphold the 14th amendment of the Constitution. The lower courts are slowly working their way towards bringing that question to the Supreme Court as it relates to Trump.
It has more to do with being released from federal prison. But yeah, he in the navy; which means he took an oath.
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Can you point out exactly what makes him ineligible? Even if everyone agreed that it was an insurrection, point out where it would bar him.
Can’t work from home when that home is a federal prison.
He was sentenced for 3 years. (Which is a joke, but that’s besides the point.)
And he’s ex military which means the 14th applies
You bring up an interesting point, and I’ll admit I am not a constitutional lawyer. But section 3 of the 14th amendment says that hey couldn’t have sworn to uphold the Constitution prior to attempting insurrection. Thats how they are framing it for Trump too because he swore to uphold the Constitution when he came into office. I don’t know if Chansley had done the same or if that would make a difference.
He was in the military. I definitely remember swearing an oath to uphold the constitution when I enlisted. Section 3 should bar him no problem.
Oh, I didn’t know that about him. I’ll be honest I have not followed his story very closely.
While obviously Chansley deserves to face punishment for his crimes, let’s not pretend that it wasn’t an obscenity that Eugene Debs had to run for office from prison for suggesting that the US had no business throwing lives away in the trenches of World War I
No one said or pretended anything about it, but sure.
Debs is apples to pond scum in comparison. Nice whataboutism, though.
As much as I want to say no, to my knowledge he technically hadn’t “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” so I think he’d be eligible under Amendment 14, Section 3, article 1… quoted here in full:
Though, he had previously been in the US Navy, and the Navy oath of enlistment begins "“I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic…,” he was not even an officer in the Navy let alone in a legislative, executive or judicial branch position.
Pretty sure he would be eligible to run this time, whereas trump would not.