General Discussion
In reply to the discussion: We are going to fuck their shit up badly [View all]YearofAction
(6 posts)In the case of oath-breaking insurrectionist Trump, there are two votes required for him to again become President: the popular vote, and the Congressional vote.
Per the 14th Amendment, Congress must act to uphold the Constitution by voting to allow Trump to assume office. Trump cannot be President until they vote by 2/3 majority to allow him to overcome his disqualifying disability.
The 14th Amendment works with the 20th Amendment to automatically disqualify an oath-breaking insurrectionist from assuming the office of the President, unless 2/3 of each house of Congress votes to allow it. In the meantime, Vance will become the Acting President, until the Jan 6. trial is concluded. See the relevant parts:
14th Amendment, Section 3.
No person shall ... hold any office, civil or military, under the United States ... who, having previously taken an oath ... as an officer of the United States ... to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same. But Congress may by a vote of two-thirds of each House, remove such disability.
20th Amendment, Section 3.
... or if the President elect shall have failed to qualify (before the time fixed for the beginning of his term), then the Vice President elect shall act as President until a President shall have qualified.