(January 10, 2021 at 4:56 pm)BrianSoddingBoru4 Wrote: Read the first sentence - ‘No person shall be...’ etc. If an elected politician has taken an oath and then commits or abets an insurrection, wouldn’t it be unconstitutional for that person to remain in office?
Hypothetical: Senator Ted Cruz has taken an oath to uphold the Constitution. He has committed insurrection. How then is it legally permissible for him to remain in office?
Boru
I don't disagree with you on the integrity basis, but unfortunately this isn't how its interpreted. Remember, this amendment was ratified in 1868 and written by lawyers. The interpretation of the opening line is "You can't become..." or "You can't be confirmed...", or the equivalent of that.
It was created to keep Confederates who fought against the Union out of the US government after the war. It was used to prevent Socialist Party of America member Victor L. Berger, convicted of violating the Espionage Act for his anti-militarist views, from taking his seat in the House of Representatives in 1919 and 1920. Reference
Why is it so?
~Julius Sumner Miller
~Julius Sumner Miller
