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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWho has standing?
And I'm really asking here.
Section 3 of the 14th amendment prohibits insurrectionists or anyone who gives them aid and comfort from serving in the House, Senate, military, state legislature, etc. Why aren't we enforcing this?
What would it take to get Paul Gosar, Gym Jordan, and the rest of the traitors the FUCK out of Congress?
https://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution
secondwind
(16,903 posts)That is the best solution and the least likely.
leftieNanner
(15,068 posts)Will develop sufficient evidence for them to be charged. We can't throw them out just because we think they are assholes who broke that amendment. Although I think it's a great idea!
bucolic_frolic
(43,064 posts)"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."
"Section 5
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article."
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My sense is Congress just never revisited these provisions. Section 3 makes expulsion sound like it already happened because the "disability" can be removed by 2/3 vote. Then Section 5 says Congress has "the power to enforce". As in, no one else has the power.
So theoretically standing is any citizen for Section 3, but you see where it goes.
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If re-elected in 2022, could the lame duck House expel some critters permanently and grab the majority, at least for a period of time, so they can expel some more? I mean, Mitch grabbed power. Why can't Democrats?
momta
(4,078 posts)"If re-elected in 2022, could the lame duck House expel some critters permanently and grab the majority, at least for a period of time, so they can expel some more? I mean, Mitch grabbed power. Why can't Democrats? "
We need to beat them at their own game. Use the rules to our own advantage.
bucolic_frolic
(43,064 posts)No one knew what Mitch was doing in 2016 with the Garland nomination. But he did. That's the nature of power. Use it and let the chips fall where they may.