Congress has the power to block Trump from taking office, but lawmakers must act now

[OKIsItJustMe]

11. Why does it need to be adjudicated?

https://www.citizensforethics.org/news/analysis/legal-experts-across-the-ideological-spectrum-agree-the-14th-amendment-disqualifies-trump-from-holding-office/

August 25, 2023
Legal experts across the ideological spectrum agree: The 14th Amendment disqualifies Trump from holding office

Experts and academics across the ideological spectrum believe that Donald Trump is disqualified under Section 3 of the 14th Amendment of the Constitution. Leading conservative and progressive figures are in agreement that the Constitution bars Trump from assuming office again and must be enforced.

Earlier this month, prominent conservative law professors and Federalist Society members William Baude and Michael Stokes Paulsen authored a 126-page paper exploring the enforceability of Section 3 of the 14th Amendment in the case of January 6th.

Overall, it seems to us to be quite clear that the specific series of events leading up to and culminating in the January 6, 2021 attack qualifies as an insurrection within the meaning of Section Three: “concerted, forcible resistance to the authority of government to execute the laws in at least some significant respect.”

They explained that as a self-executing provision, Section 3 doesn’t require any action by Congress—and it doesn’t require a criminal conviction.

No action is necessary to “activate” Section Three as a prerequisite to its application as law by bodies or persons whose responsibilities call for its application. The Constitution’s qualification and disqualification rules exist and possess legal force in their own right, which is what makes them applicable and enforceable by a variety of officials in a variety of contexts.

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