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

[Fiendish Thingy]

14. How else would one determine if a person is disqualified from holding office under the 14th?

We are a nation of laws, not a nation of coin tosses, or whoever yells the loudest.

The enforcement mechanism for section 3 of the 14th amendment, as decided by the courts, at least for federal offices, is either:

1) a joint resolution passed by congress (not going to happen ), or
2) a conviction for insurrection, the penalty for which, as determined by congress, is disqualification from holding federal office.

In the past, the other enforcement mechanism was being a member of the confederate army or government. That was the only “automatic” disqualifying event under the 14th amendment, and it still had to be proven, so the wrong John Smith didn’t get disqualified.

For state offices, the enforcement mechanism, at least the last time it was used, is a ruling by a judge in a state court after evidence has been presented, with the opportunity for cross examination. In other words, due process.

So, you can cut and paste the constitution all you want, but in the end, Trump will be inaugurated on January 20.