I can see the argument from a certain perspective of the language, outside of context.
But remember when this amendment was passed. Right after the Civil War.
So, they wanted an amendment to bar traitors from federal office. Then they put in a section saying Congress has to actually make laws enforcing that rule, or it does nothing. And then, they didn’t make any such laws?!
So, what, they went through all the work to make a constitutional amendment, and then it does nothing?
No, they clearly felt that the rule was clear enough as it was, and section 5 is there to allow Congress to make supporting laws built upon that to help enforce that rule. But that rule should have teeth on its own.
They actually did make such a law. But then there was an amnesty for many under President Grant and an expansion of the amnesty at the onset of the Spanish-American War. And then that law was largely repealed in 1948. And then in the 1970s Congress posthumously removed the disqualification from Robert E Lee and Jefferson Davis for some reason.
Edit: Oh and they still have one, 18 U.S.C. § 2383 - Rebellion or insurrection. Trump hasn’t been charged with it though.
No, it says only Congress can re-instate, the removal is to be assumed.
"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."
Sec 5 of the 14th clearly says only Congress can remove him
I can see the argument from a certain perspective of the language, outside of context.
But remember when this amendment was passed. Right after the Civil War.
So, they wanted an amendment to bar traitors from federal office. Then they put in a section saying Congress has to actually make laws enforcing that rule, or it does nothing. And then, they didn’t make any such laws?!
So, what, they went through all the work to make a constitutional amendment, and then it does nothing?
No, they clearly felt that the rule was clear enough as it was, and section 5 is there to allow Congress to make supporting laws built upon that to help enforce that rule. But that rule should have teeth on its own.
The rule has been used before.
The craven corruption of the Roberts court is on full display here.
They actually did make such a law. But then there was an amnesty for many under President Grant and an expansion of the amnesty at the onset of the Spanish-American War. And then that law was largely repealed in 1948. And then in the 1970s Congress posthumously removed the disqualification from Robert E Lee and Jefferson Davis for some reason.
Edit: Oh and they still have one, 18 U.S.C. § 2383 - Rebellion or insurrection. Trump hasn’t been charged with it though.
Racism is the reason.
No, it says only Congress can re-instate, the removal is to be assumed.
"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."
Bolding mine.
He was quoting Section 5, not Section 3. Which I also think he is wrong about.
That’s if he’s in office. He’s not in office.
Sec 5 is the means of enforcing sec 3
That makes no sense. Why would
be included in section 3 if congress has the power to enforce (or not enforce) the clause by simple majority. It’s obviously a self-executing clause.