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Robert Eckert's avatar

So? Congress can remove the disability, but until it does the disability exists without any need for a criminal conviction.

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Allen's avatar

Which begs the question, who gets to decide if a disability exists? Using what procedures and standards?

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Robert Eckert's avatar

Courts of law, by the usual due process. They must of course give opportunity to contest the claim that the actions were insurrectionary, and an appeals court can review the finding of the court.

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Allen's avatar

We definitely know of three ways to determine a disability exists:

- Pre-election impeachment, conviction and removal from office by Congress.

- Pre-election conviction under 18 U.S.C. ┬з 2383 by a Federal court using criminal procedures.

- Post-election determination of qualifications by Congress.

Are there any other ways, or are those exclusive? Can a disability also be determined by a state court in an abbreviated pre-election civil proceeding, and if so, using what procedures and standards? That's the question in this appeal.

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Robert Eckert's avatar

None of those procedures were used in any of the cases in which this section has been applied. Granted there have only been a few such cases, but this whole line of argument is only being brought up now, after over a century when no-one thought any such thing.

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