• Bobicus@lemmy.zip
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    1 year ago

    Not that I like Trump, but the answer to your question is in text you quoted:

    …shall have engaged insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.

    As the Constitution is ultimately a legal document, it would stand to reason that you would need a legal determination that someone is an insurrectionist, namely being charged with and convicted of insurrection.

    • BigNote@lemm.ee
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      1 year ago

      It was meant to preclude those who had served in the confederate army and government from holding elected federal office, so in practice, at the time at least, a prior conviction for insurrection was not required. That said, it’s not clear how it would apply to Trump.

    • YoBuckStopsHere@lemmy.worldOP
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      1 year ago

      It didn’t require a legal determination any other time in history. That said, Congress should vote on it and if Trump gets 2/3 votes in favor in both Houses he can run.