They think they’ve found a loophole.
The Democrats want it, but can they legally defend this plan?
Now, these top Democrats are planning a stunt that will change the Senate as we know it.
America is still shaking in the aftermath of the events of January 6th.
The scenes from the Capitol building are shocking to say the least.
Democrats seized on this opportunity to obliterate Donald Trump and his supporters in Congress.
Enraged Democrats see their chance to unleash four years of fury on the GOP.
But what they are proposing crosses a major line.
In response to these events, the Democrats are now attempting to impeach Trump a second time and clear the Senate of anyone who supported him.
To many, this seems like an outright witch hunt.
However, while the Democrats’ methods appear extreme, it is not clear if they have the power to do what they want to.
In a tweet sent by Asha Rangappa, a lawyer, senior lecturer at Yale, and commentator at CNN, she asked:
“Con Law folks: Does anyone have any idea how 14th Amendment, Sec. 3 plays out in real life? 18 U.S.C. Sec. 2383 appears to be the criminal manifestation of it, but the constitutional text doesn’t seem to require a conviction by a court (or through impeachment) to apply.”
The section she was referring to reads:
“No person shall be a Senator or Representative in Congress, or elector of President or 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 any 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 majority of each House, remove such a disability.”
Thus, it appears the Democrats are attempting to invoke the 14th Amendment in order to purge the Senate and Congress of anyone who supported Trump.
It appears that this amendment would further prevent Trump and his supporters in the Senate and Congress from ever holding office in American politics unless a majority of Congress votes them back in.
It is unclear if the Democrats can actually invoke the 14th Amendment in this scenario, as many are claiming it was not a coup at all.
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