As the Colorado Supreme Court wrote, January 6 meets the bar for insurrection ā€œunder any viable definitionā€ of the term. The legal scholar Mark Graber, who has closely studied the Fourteenth Amendmentā€™s history, argues that ā€œinsurrectionā€ should be understood broadlyā€”an act of organized resistance to government authority motivated by a ā€œpublic purpose.ā€ That certainly describes the Capitol riot, in which a violent mob attacked law enforcement and threatened members of Congress and the vice president in order to block the rightful counting of the electoral vote and illegally secure the victory of the losing candidate. The historical record also suggests that the amendmentā€™s requirement that a prospective officeholder must have ā€œengaged in insurrectionā€ should also be understood broadlyā€”meaning that Trumpā€™s speech on the Ellipse that morning and his encouragement of the rioters while they smashed their way through the Capitol more than fit the bill.

  • TheSanSabaSongbird@lemdro.id
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    10 months ago

    I suggest that you read up on it a little more. That article 3 is self-executing is not a controversial or extreme opinion and is well within the mainstream of legal scholarship. The SCOTUS may rule that it isnā€™t, but thatā€™s going to be a tough nut to crack for its three conservative originalists since at its inception article 3 was clearly used to bar all former Confederate officers from holding federal office without the necessity of a trial and conviction.