A lot of people are asking why Donald Trump can be removed from a ballot under the 14th Amendment (the Insurrection Clause) if he has not yet been found guilty of engaging in an insurrection against the United States. That is not what the 14th Amendment states. To quote: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, 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.”
The 14th Amendment says nothing about being “found guilty” of insurrection. Rather, it states “shall have engaged in insurrection or rebellion.” There is no doubt Trump engaged in an insurrection against the United States. He encouraged and failed to control a violent protest to overturn a federal election. Therefore, Trump cannot be president. Case closed.
Richard Graham
Sheraden