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Donald Trump says he never swore oath "to support the Constitution" (www.newsweek.com)
submitted 2 years ago by to c/politics@lemmy.world
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[–] 46 points 2 years ago (3 children)

I wonder what their definition of "support" is and how they plan on using that as a defense.

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  • [–] 4 points 2 years ago* (last edited 2 years ago) (1 child)

    Looks like the founding fathers fucked up, and the writers of the 14th amendment didn't catch it.

    The oaths of office for the Senate, House of Representatives, Supreme Court, and all civil and military offices except the presidency include the requirement to "support" the constitution. Even the vice presidency requires it, but the presidency does not.

    I don't think this distinction is particularly relevant. I don't think the "previously swore an oath" requirement is particularly relevant. The "insurrection" part should disqualify him, and the Colorado judge ruled that he did, in fact, commit insurrection.

    I am curious whether he ever made a campaign speech or other public statement about the constitution, and used the word "support".

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  • [–] 8 points 2 years ago* (1 child)

    "I am curious whether he ever made a campaign speech or other public statement about the constitution, and used the word “support”."

    Knowing him it was probably more like "I love our Beautiful Constitution™ really, very good stuff, Great Constitution. I would touch that Constitution, you know they let you when you're famous, that Constitution is the best they say, the best Constitution in the world (I don't support it) the Democrats though, they want to take Our Beautiful Constitution™ and make it Communism! Venezuela and eating rats! It's what Disgusting Democrats love to do. Anyway, such a Beautiful Constitution, really the best, maybe the best of all time they say. Never supported it though."

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  • [–] 7 points 2 years ago (1 child)

    I just thought of something. Every officer of the US except the president is obligated to take an oath to support the constitution. 5 USC §3331

    Read the 14th amendment again:

    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.

    Trump was found to be an insurrectionist.

    Every member of the electoral college is obligated to take an oath to support the constitution. Any of them providing "aid and comfort" to insurrectionist Trump is barred from serving as an elector. They can't cast a vote for Trump, because doing so would be giving him "aid or comfort".

    So even if Trump can't be barred from service, all of his electors can be. With no members of the electoral college able to vote for him, he can't be elected.

    By the same argument, if he is elected, any state or federal civil or military officer who follows his orders would be giving "aid or comfort", immediately disqualifying themself from their position.

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