Stop the Madness
Stop the Madness
Even if you think the 14th Amendment applies to the Office of the President, which it doesn't because it that would potentially allow the equivalent of by-passing the impeachment process, and
even if you think the President engaged in insurrection or rebellion, or gave aid or comfort, neither of which has any person been charged or convicted of,
Section 5 of the 14th Amendment only gives enforcement power to the Congress: not the States, not a State, not a State Supreme Court or not even a State Secretary of State.
As much as I do not want Trump to be the Republican nominee, I think it is even more important to stop politicizing the judicial process.
In re Griffin - Section Three of the Fourteenth Amendment is not self-executing. That is, it cannot be enforced unless and until Congress enacts legislation that sets up an enforcement mechanism.
Congress enacted the Enforcement Act of 1870
One provision set up a mechanism by which federal attorneys could bring a civil action to remove from office a person alleged to be disqualified for engaging in insurrection or rebellion. (This provision was repealed in 1948.)
The second provision authorized criminal prosecution of someone for knowingly accepting or holding office in violation of Section Three. This provision has evolved into Section 2383 in the current criminal code, which makes it a crime to engage in rebellion or insurrection against the United States and disqualifies anyone who does from holding federal office.
The federal government, which has painstakingly examined the events of January 6, has not charged President Trump with insurrection or even incitement
https://reason.com/volokh/2023/12/31/donald-trump-and-section-3-of-the-14th-amendment/
https://www.thefp.com/p/bill-barr-banning-trump-from-the
https://www.supremecourt.gov/DocketPDF/23/23-719/295290/20240109145107356_23-719%20Amicus%20Brief%20Professors%20Barrett%20and%20Tillman%20Final.pdf#page13