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.
It doesn’t require that he be convicted of anything related to an insurrection, only that he had engaged in one, which automatically gives him a disability against holding any office. Since Trump incited the insurrection, and refused to call for the National Guard to protect the houses of Congress, I think it would be a huge stretch to say that he didn’t engage in the insurrection.
Another part of the Amendment gives Congress the power to enforce the Amendment, and that is something that Congress chose not to do. That’s why Trump hasn’t been stopped from being president.
But choosing not to enforce a law doesn’t mean that it is legal to break the law.
You could add the fact he says he was elected 3 times which isn’t legal, it’s phrased as elected twice makes you ineligible to hold office on a third election. Doesn’t say anything about actually taking or holding office.
This is Section 3 of the 14th Amendment:
It doesn’t require that he be convicted of anything related to an insurrection, only that he had engaged in one, which automatically gives him a disability against holding any office. Since Trump incited the insurrection, and refused to call for the National Guard to protect the houses of Congress, I think it would be a huge stretch to say that he didn’t engage in the insurrection.
Another part of the Amendment gives Congress the power to enforce the Amendment, and that is something that Congress chose not to do. That’s why Trump hasn’t been stopped from being president.
But choosing not to enforce a law doesn’t mean that it is legal to break the law.
You could add the fact he says he was elected 3 times which isn’t legal, it’s phrased as elected twice makes you ineligible to hold office on a third election. Doesn’t say anything about actually taking or holding office.