(01-08-2022, 09:42 AM)Sneakers Wrote:

(01-08-2022, 09:12 AM)mikesez Wrote: Section 3 of the 14th amendment doesn't say anything about being formally charged or going through the justice system.  By itself, it's unclear how someone gets on the list.  But Section 5 clears it up.  "The congress shall have the power to enforce, by appropriate legislation, the provisions of this article".

No, you're incorrect.   Section 5 doesn't clarify anything.  What legislation banning any citizen could Congress possibly pass that does not require a supportive court finding?

In general, Congress cannot name citizens or even groups of citizens in its legislation. That is considered a bill of attainder. The framers of the 14th amendment openly discussed and debated that eligibility for office could be taken away from somebody, and it wouldn't be a bill of attainder because the ineligible person would still have their life and liberty. They considered requiring a judicial proceeding, and specifically did not do so. Section 3 of the 14th amendment is the one exception to the general principle that Congress cannot declare people guilty.

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(01-08-2022, 09:47 AM)Lucky2Last Wrote: I hate to defend Mikey's shenanigans, but the government is out of control. They could easily pass a law like that. There'd be a month of [BLEEP] and moaning from conservatives, then it would be done. Now, would they? That's a different question.

There would be more than whining and gnashing of teeth. The second Republicans controlled both houses of Congress again, they would go hunting for a scalp, trying to find a Democrat that they can declare ineligible.

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