The 14th Amendment to the Constitution bans anyone who ā€œengaged in insurrection or rebellion againstā€ the U.S. from holding office.

A Florida lawyer is suing Donald Trump in an attempt to disqualify his current run for president. Lawrence A. Caplanā€™s Thursday lawsuit claims that the ex-presidentā€™s involvement in the Jan. 6 Capitol riot would make him ineligible to run again, thanks to the Constitutionā€™s 14th Amendmentā€”a Civil War-era addition aimed at preventing those who ā€œengaged in insurrection or rebellion againstā€ the U.S. from holding office. ā€œNow given that the facts seem to be crystal clear that Trump was involved to some extent in the insurrection that took place on January 6th, the sole remaining question is whether American jurists who swear an oath to uphold the U.S. Constitution upon their entry to the bench, will choose to follow the letter of the Constitution in this case,ā€ the lawsuit says, also citing Trumpā€™s alleged efforts to overturn the 2020 election results in Georgia. Legal experts say itā€™s an uphill battle to argue in court, since the amendment has hardly been exercised in modern history. ā€œRealistically, itā€™s not a Hail Mary, but itā€™s just tossing the ball up and hoping it lands in the right place,ā€ Charles Zelden, a professor of history and legal studies at Nova Southeastern University, told the South Florida Sun Sentinel.

archive link to South Florida Sun Sentinel article: https://archive.ph/1BntD

    • ech0@lemmy.world
      link
      fedilink
      arrow-up
      16
      arrow-down
      2
      Ā·
      edit-2
      1 year ago

      This is what Iā€™ve been saying. Heā€™s a felon! Over 90 felonies! Heā€™s canā€™t run for election.

      • doggle@lemmy.world
        link
        fedilink
        arrow-up
        12
        Ā·
        1 year ago

        He hasnā€™t actually been convicted of any yetā€¦ technically not a felon until heā€™s sentenced, if Iā€™m not mistaken

      • ineedaunion @lemm.ee
        link
        fedilink
        arrow-up
        4
        arrow-down
        8
        Ā·
        1 year ago

        Iā€™m glad we have some educated people left in this world like you. Conservatives love worshiping law breaking facist pedophiles like Trump and backing Corporate conservative corporations that enable behavior like his. The Home Depot actively encouraged child molestation in the stores in Montana between their child trafficking high managers. I saw a store manager crack a bullwhip at one of his victims in Helena, while the HR and District manager laughed.