HHusky
New Fish
https://www.citizensforethics.org/r...eports/past-14th-amendment-disqualifications/
Historical precedent also confirms that a criminal conviction is not required for an individual to be disqualified under Section 3 of the Fourteenth Amendment. No one who has been formally disqualified under Section 3 was charged under the criminal “rebellion or insurrection” statute (18 U.S.C. § 2383) or its predecessors. This fact is consistent with Section 3’s text, legislative history, and precedent, all of which make clear that a criminal conviction for any offense is not required for disqualification. Section 3 is not a criminal penalty, but rather is a qualification for holding public office in the United States that can be and has been enforced through civil lawsuits in state courts, among other means.
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The precedent likewise confirms that one can “engage” in insurrection without personally committing violent acts. Neither Kenneth Worthy nor Couy Griffin were accused of engaging in violence, yet both were ruled to be disqualified because they knowingly and voluntarily aided violent insurrections. These rulings are consistent with the views of Attorney General Henry Stanbery, who opined in 1867 that when a person has “incited others to engage in [insurrection or] rebellion, he must come under the disqualification.” President Andrew Johnson and his Cabinet approved that interpretation, and Johnson directed officers commanding the Southern military districts to follow it.[/i]
Historical precedent also confirms that a criminal conviction is not required for an individual to be disqualified under Section 3 of the Fourteenth Amendment. No one who has been formally disqualified under Section 3 was charged under the criminal “rebellion or insurrection” statute (18 U.S.C. § 2383) or its predecessors. This fact is consistent with Section 3’s text, legislative history, and precedent, all of which make clear that a criminal conviction for any offense is not required for disqualification. Section 3 is not a criminal penalty, but rather is a qualification for holding public office in the United States that can be and has been enforced through civil lawsuits in state courts, among other means.
[/b]
The precedent likewise confirms that one can “engage” in insurrection without personally committing violent acts. Neither Kenneth Worthy nor Couy Griffin were accused of engaging in violence, yet both were ruled to be disqualified because they knowingly and voluntarily aided violent insurrections. These rulings are consistent with the views of Attorney General Henry Stanbery, who opined in 1867 that when a person has “incited others to engage in [insurrection or] rebellion, he must come under the disqualification.” President Andrew Johnson and his Cabinet approved that interpretation, and Johnson directed officers commanding the Southern military districts to follow it.[/i]
