When does the (R) start to stand for Rebel?
November 10, 2009 3:57 PM Subscribe
In the context of Section 3 of the 14th amendment, what is the threshold of "insurrection or rebellion" and "aid or comfort" in contemporary law? Is this already established as explicitly applying ONLY to the Civil War rebellion, or could say a governor a Vice Presidential candidate or a political party who openly urge secession or death threats towards the POTUS apply?
14th amendment
(slightly abridged)
Section 3. No person shall [hold elective office] who, having previously taken an oath, as [an elected official] to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Seriously, from a constitutional law perspective, what is the threshold here? Is "insurrection or rebellion" a term of art that applies only to the Civil War, or is the case history on this pretty thin? Could a case be made if there was an egregious example? (obviously the current republican examples I cited are, at best, merely skirting whatever bright-line there is, but lets say some of the Crazy stuff in Glen Beck's head turns to reality and sitting republicans support it, or something... how far can they go before this comes into effect?)
And practically speaking, does this only apply to rebellious candidates being barred from running, or can sitting politicians have their offices stripped from them?
Is this implemented through judicial proceedings, or can the executive branch assign these penalties unilaterally? or with an act from congress? or Maybe this is one of those powers only the 4th branch of government can use?
14th amendment
(slightly abridged)
Section 3. No person shall [hold elective office] who, having previously taken an oath, as [an elected official] to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Seriously, from a constitutional law perspective, what is the threshold here? Is "insurrection or rebellion" a term of art that applies only to the Civil War, or is the case history on this pretty thin? Could a case be made if there was an egregious example? (obviously the current republican examples I cited are, at best, merely skirting whatever bright-line there is, but lets say some of the Crazy stuff in Glen Beck's head turns to reality and sitting republicans support it, or something... how far can they go before this comes into effect?)
And practically speaking, does this only apply to rebellious candidates being barred from running, or can sitting politicians have their offices stripped from them?
Is this implemented through judicial proceedings, or can the executive branch assign these penalties unilaterally? or with an act from congress? or Maybe this is one of those powers only the 4th branch of government can use?
This post was deleted for the following reason: actually, yeah, you're sort of responsible for the tone of your post and this is a little too argument filter [and gyobfilter] and a little less of a question. Please ask again next week, thanks. -- jessamyn
Response by poster: Question:, What is the current applicability of section 3 of the 14th amendment in the present legal framework?
What is the bright line and threshold of "insurrection or rebellion" and " aid or comfort to..."? is it applicable today or is the case law such that it will never get used ever again? What is the implementation apparatus? Has it ever been cited in front of the supreme court? any time in the 20th or 21st century?
These are all serious scholarly (almost pedantic) questions, but if I write it like that I don't get any answers because no one reads it. So I spice it up a little bit.
It's not my fault that some people who MIGHT respond are childish. Flag and remove them.
posted by DetonatedManiac at 4:23 PM on November 10, 2009
What is the bright line and threshold of "insurrection or rebellion" and " aid or comfort to..."? is it applicable today or is the case law such that it will never get used ever again? What is the implementation apparatus? Has it ever been cited in front of the supreme court? any time in the 20th or 21st century?
These are all serious scholarly (almost pedantic) questions, but if I write it like that I don't get any answers because no one reads it. So I spice it up a little bit.
It's not my fault that some people who MIGHT respond are childish. Flag and remove them.
posted by DetonatedManiac at 4:23 PM on November 10, 2009
This thread is closed to new comments.
posted by Inspector.Gadget at 4:16 PM on November 10, 2009