We can stop the white-collar insurrectionists from doing it again: Here's how

[Nevilledog]

Link to tweet

Tweet text:

Deliver Democracy
@DelivDemocracy
"It's time for us to get serious about protecting our democracy from the people who sought to overturn the votes of the American people in a presidential election. Fortunately, the Constitution gives us a good way to do this." - @NoahBookbinder, @CREWcrew

salon.com
We can stop the white-collar insurrectionists from doing it again: Here's how
The Capitol mob isn't the real problem. Those in power who inspired them must be barred from holding office
8:10 AM · Feb 4, 2022

https://www.salon.com/2022/02/03/we-can-stop-the-collar-insurrectionists-from-doing-it-again-heres-how

With the anniversary of the Jan. 6 attacks now behind us, perhaps the most important question facing our nation is whether our systems of accountability are capable of punishing those who sought to overthrow our constitutional democracy — and preventing them from doing it again.

I am not talking about the people who stormed the U.S. Capitol building or assaulted police officers. Many of them already have faced, or soon will face, the justice they deserve. I'm talking about the people who tried, using legal theories, public and private pressure and official powers, to overturn an election — the powerful people who inspired the violent insurrectionists at the Capitol that day. We can call this group, which includes former President Donald Trump and his cadre of congressional enablers, "white-collar insurrectionists."

It's time for us to get serious about protecting our democracy from the people who sought to overturn the votes of the American people in a presidential election. Fortunately, the Constitution gives us a good way to do this.

Section 3 of the 14th Amendment offers us an opportunity to hold those who tried to steal the 2020 election and keep Trump in office accountable. Ratified in the immediate aftermath of the Civil War, Section 3 bars any official from holding elected office who, "having previously taken an oath . . . 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."

*snip*

[leftieNanner]

1. I agree that this should be on the table

But how would it be implemented?

Who would decide that Hawley, Cruz, Gosar etc. should lose their jobs? If it's determined at the state level, there's no way Texas would boot Teddy from the Senate, nor Missouri boot Hawley.

Any Constitutional Scholars out there in DU Land?

On Edit: The article indicates that Secretaries of State in the various states could bar candidates from being on the ballot, but again - Texas wouldn't do that.

[Zeitghost]

5. It would likely

Require a criminal conviction to have any chance at passing court scrutiny. A SoS simply declaring someone an insurrectionist and therefore making them ineligible to stand for election is never going to fly, nor should it. Due process still exists.

[Zeitghost]

6. It would require a criminal conviction

To have any chance at passing court scrutiny. A SoS simply declaring someone an insurrectionist and therefore making them ineligible to stand for election is never going to fly, nor should it. Due process still exists.

[lapfog_1]

2. every other office holder in the land

wins with a simple majority of the vote cast.

Time for that to apply to the President and Vice President.

I have no problem with paper ballots and triple hand counts (one by each party plus one more by independents).

I have no problem with waiting days to find out who won.

somehow, India, with a population 3 times ours, seems to be able to pull this off.

[spanone]

3. K&R

[flying_wahini]

4. It should happen but I doubt it will.

Color me a skeptic.

Not sure we have enough backing on the SCOTUS. Otherwise….