Supreme Court Justice Amy Coney Barrett triggered fierce backlash from MAGA loyalists after forcefully questioning the Trump administration’s top lawyer and voicing skepticism over ending birthright citizenship during a heated Supreme Court argument.
Since taking office, Donald Trump has pushed for an executive order to end birthright citizenship, a constitutional guarantee under the 14th Amendment that grants automatic U.S. citizenship to anyone born on American soil.
During oral arguments, Barrett confronted Solicitor General Dean John Sauer, who was representing the Trump administration, over his dismissive response to Justice Elena Kagan’s concerns. Barrett sharply asked whether Sauer truly believed there was “no way” for plaintiffs to quickly challenge the executive order, suggesting that class-action certification might expedite the process.
The Fifth Amendment.
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…”
Disqualification from holding office is not punishment for a crime. If it were, everyone under age 35 would have a 5th Amendment argument to make.
Try again.
Held to answer does not mean sentenced. It means held responsible, or convicted. Accusations or charges are insufficient for accountability according to the Constitution.
Otherwise, you could just accuse every President you don’t like of an insurrection and they’d immediately be removed from office.
“Held to answer” in this context, with the reference to a grand jury, is talking about criminal charges, convictions, and punishment.
Or are you suggesting that a 34 year old would have to come before a grand jury before being disqualified from the office of President?
The fifth amendment doesn’t apply to impeachment, nor does it in the event of ballot qualifications. Like, the 5th amendment doesn’t apply to age restrictions on holding public office.
The law says,“If you engaged in insurrection, you are ineligible to hold federal office”. Just like is says,“If you are under 35, you are ineligible to hold the office of President”.
Correct. How do we determine that someone was involved in an insurrection? You can’t hold him accountable to the crime without conviction or adjudication. Otherwise it’s merely an accusation, and anyone could just say a person was part of an insurrection to bar them from holding office.
You watch them on TV doing it. And after you see them on TV doing it, they become unqualified for office, based on the due process afforded by the state attorney generals, and/or departments that manage who is and who isn’t qualified and can be placed on a ballot, per due process.
You don’t need a court to adjudicate being of improper age, do you? Certain items can be considered “prima facie”… Basically: You, and everyone else watched it happens is considered prima facie for processes like this.
There’s a difference between being thrown in jail without a trial and… Being barred from the highest office of the country - a position of public service.
You have a right to freedom, not to a specific job
Without conviction, what is to stop anyone from simply accusing a President of participating in an insurrection and immediately having them removed from office?
Firstly, there’s a difference from being barred from the election proces, and already being in office and removed from it…
