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   Michael Marek (mimarek@universeodon.com)'s status on Monday, 13-Nov-2023 02:00:49 JST Michael Marek

   Most people judge the question of the 14th Amendment outlawing a second term for Trump in broad political terms.

   But as this article shows, it will likely be decided on parsing the nuances of the exact wording of the Amendment.

   In point of fact, the wording of the Amendment does not appear to ban running for elective office.

   What it bans is SERVING in a federal office. So, the final legal determination may not be made until after the general election.

   https://lawandcrime.com/high-profile/there-is-no-error-to-correct-here-minnesota-supreme-court-tosses-attempt-to-use-14th-amendment-to-kick-trump-out-of-primary-but-its-not-the-last-word/

   #News #Politics #Trump #14thAmendment

   • Embed this notice
     gnutelephony (gnutelephony@floss.social)'s status on Monday, 13-Nov-2023 02:00:48 JST gnutelephony

     in reply to

     @mimarek incidentally, I do not like this interpretation, but it may well even be legally correct from the language and intent. as there are other avenues that can "exercise" the 14th amendment outside of election; for example, in the case of the presidency, the supreme court might use it to refuse to swear him in, the electoral college to discount the votes, congress to challenge, etc. None of these safeguards would happen in this case, though.

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     gnutelephony (gnutelephony@floss.social)'s status on Monday, 13-Nov-2023 02:03:46 JST gnutelephony

     in reply to

     @mimarek in this interpretation, Jefferson Davis could have ran for congress after the civil war, been elected, and then refused to be seated in congress, for example. I have to agree this interpretation does seem to ring closer to what was likely considered to be customary at the time.