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Anonymous wrote:Unless the Think the insurrection clause does not require due process (ie a conviction FOR insurrection) this will be overruled so quickly . Honestly the judges ruling this way should be removed from the bench and disbarred. Despite what you think of trump everyone is entitled to due process
The clause mentions nothing about a conviction, and was designed to bar former confederates who wouldn’t have been convicted of anything.
so the due process clause doesn’t apply? That’s your argument ?
The due process occurred weeks ago when the court determined that Trump engaged in an insurrection as the clause in the 14th describes.
so that court tried Trump for insurrection?
That court determined that Trump engaged in insurrection. The clause in the 14th makes no mention of conviction and was designed to apply to confederates who wouldn’t have been convicted of anything.
so the argument is it’s the 19th century and Trump is a confederate ?
The 14th Amendment doesn't specify the Civil War. As written, it applies to ANY act of insurrection or rebellion against the United States.
what other provisions does due process not apply to?
There was a trial, and it has worked its way through the Colorado courts. How is that not due process?
the “trial” was over being on the ballot. Not about if he committed insurrection.
The trial determined he engaged in insurrection and therefore is ineligible to be on the ballot.
could a court determine any other crime was committed this way or would there have to have been a criminal trial? Oh wait, so now you think Trump committed insurrection so clearly he can’t be tried for it or do you think double jeopardy doesn’t apply?
The filings in this case had nothing to do with criminal prosecution.
that’s the freaking point. Insurrection is a crime he hasn’t been convicted of
Due process does not mean criminal process, even if the alleged facts could be prosecuted as a crime. Not all criminal acts are processed in a criminal system. Lets take a PP's rape example.
The government can decline to prosecute a man for rape, or prosecute through trial resulting in a acquittal. Note: declining to prosecute and acquittal do not mean the man is innocent. Convicted or not, the criminal trial is due process.
The rape victim may then sue the man in civil court alleging rape. Without regard to the criminal matter, she can win and the court can award damages for the rape. See, e.g. the OJ murder and wrongful death cases. This is due process in a rape case without a criminal conviction.
Even if both of those cases have rulings in favor of the rapist, lets say they work together, and she tells HR about the rape, they do a sound internal investigation and reasonably conclude that the rape occurred and fire him. "Due process" does not apply to that situation because the employer isn't the government and most employees are employed at will. Same if he's on a Board of Directors and gets voted off because of the rape.
But maybe he decides to sue the employer for wrongful discharge or the Board for defamation, which he is entitled to do. In spite of the other two proceedings, a court can conclude that the rapist's wrongful discharge case fails because the employer's conclusion that a rape occurred was reasonable, or that the claim for defamation fails because truth is a defense that is found to apply here. Again, that is affording due process without a criminal proceeding.
So, as no particular process is provided in this constitutional article except for a process by which a ban can be lifted (via Congress), the question is, what is due process here? Is it self-executing, or was Congress supposed to have enacted legislation addressing the issue, but forgot to do so over the past 155 years? In prior cases where this clause was used to ban a person from office, what process was used or required?
We shall have to wait and see how this shakes out, but the "due process means it has to be a criminal proceeding" crowd is simply wrong.