“Aid and Comfort” Under the 14th Amendment

[Elderberry]

The Post & Email by Joseph DeMaio 1/25/2021

KAMALA HARRIS ENCOURAGED ACTIONS OF INSURRECTIONISTS, DONATIONS FOR BAIL

OK, now that the Democrats in Congress are getting cold feet over the diminishing potential for a successful Citizen Trump Impeachment 2.0, an alternate path is being considered.  The 14th Amendment avenue is under consideration for its language that no public official, having previously taken an oath to support the Constitution, is allowed to hold public office if he/she “shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”  Sen. Tim Kaine (D. VA) favors the gambit, thereby ensuring its failure.

The debate among congressional Democrats now seems to focus on whether in the absence of a Senate conviction on a bill of impeachment, Citizen Trump could be deemed to have been guilty of either insurrection or rebellion under the 14th Amendment.  In addition, there is the question of whether a simple majority vote in both Houses would suffice for disqualification or whether the two-thirds vote requirement for an impeachment would apply.  In the absence of conviction by the Senate on a bill of impeachment, a “disqualification” to hold future office could become more difficult.

Interestingly, however, because the 14th Amendment also provides that Congress may, by a two-thirds vote of both the Senate and the House, “remove such disability,” if the removal option requires a two-thirds vote by both Houses, it seems logical to conclude that a two-thirds vote to impose the “disqualification disability” would also be needed.  A simple majority vote likely would not suffice.

All of these issues aside, note that both Antifa and Black Lives Matter trace their origins to founders who were (and are) ardent supports of Communism (Antifa and/or Marxism (BLM).  Communism and Marxism, it should go without saying – albeit a debatable assumption these days – are not exactly politically compatible with a constitutional Republic governed by a Constitution such as that which exists here.

More: https://www.thepostemail.com/2021/01/24/aid-and-comfort-under-the-14th-amendment/