An Act to Remove the Amendment XIV Sec. 3 Disability of Donald J. Trump
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December 30, 2024
Concerned American People
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A BILL PROPOSAL
To Remove the Amendment XIV Sec. 3 Disability of Donald J. Trump or Otherwise Enforce the Amendment XIV Sec. 3 Disability.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, |
PREAMBLE: WHEREAS the Colorado Supreme Court formerly determined that Donald J. Trump was ineligible to run for President of the United States in Anderson v. Griswold, 2023 CO 63 (2024). WHEREAS the facts found at trial showed that then-President Donald Trump, having sworn an oath to support the Constitution as president to preserve, protect, and defend the U.S. constitution--had subsequently “engaged in” conduct constituting “insurrection or rebellion” against the U.S. constitutional order in an attempt to overthrow the lawful result of the presidential election of 2020, including by summoning a mob of supporters to Washington, D.C. on January 6, 2021 and inciting them to attack the capitol, with the goal of preventing the electoral count from certifying Trump’s lawful defeat in that same Anderson v. Griswold, No. 2023CV32577, 2023 WL 8006216, at *1 (Colo.Dist.Ct. Nov. 17, 2023). WHEREAS the Supreme Court of the United States determined that States lack power to enforce Section Three—of the 14th Amendment in state-conducted elections for federal elective office, but did NOT hold that Trump was eligible to hold office under the standards of Section Three; did NOT say that the Colorado Supreme Court was wrong in any way on the point of ineligibility—in fact, the Supreme Court did not deny the ultimate legal conclusions of the Colorado courts. The Supreme Court also did not challenge the “self-executing” nature of Section Three’s constitutional ban. WHEREAS the 117 Congress, H.Res.24. January 2021 Impeachment determined by majority vote that Donald J. Trump had committed insurrection despite not having the 2/3rds Senate majority required to conclude the impeachment, the self-executing nature of Amendment 14 Section Three becomes all the more solidified. WHEREAS the Office of President of the United States is stated plainly as an “office” in its very definition in Article II Section One of the United States Constitution at least nine times. WHEREAS the Office of the President of the United States is considered an “office” in innumerable documents and Supreme Court proceedings, which establish precedent—including Trump v. United States where the point of “official acts” of the Office of President were the basis of the entire finding.
Section 1: Be it enacted, that any person who shall hereafter knowingly accept or hold any office under the United States, including the office of President and Vice President, or office of any State to which they are ineligible under the third section of the fourteenth amendment of the Constitution of the United States, or who shall attempt to hold or exercise the duties of any such office, shall be deemed guilty of a felony against the United States, and, upon conviction thereof before the circuit or district court of the United States, shall be imprisoned not less than one year, the length to be determined at the discretion of the court. Section 2: Be it further enacted that Congress will hold a vote in both Houses three (3) days after passage in order to determine whether the impediment of insurrection will be lifted from Donald J. Trump in accordance to the prescribed methodology of Amendment 14 Section 3 of the U.S. Constitution (2/3rds majority in support in both House and Senate).
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Section 3: Be it further enacted that if the 2/3rds majority is not achieved in both Houses, then Donald J. Trump remains constitutionally disqualified from the presidency and may not lawfully serve in that office, or any other office and position in the federal and state governments of these United States of America. Section 4: Be it enacted that Congress rejects any electoral votes for candidates who were constitutionally ineligible to hold office in the 2024 election due to Amendment XIV Sec. 3 Disability. Section 5:
Section 6: [Anti-Gerrymander Bill] Anyone who knowingly disenfranchises voters on the basis of race accomplished through gerrymandering or attempting to do so—commits a crime.
Section 7: And be it further enacted, that whenever any person shall be defeated or deprived of their election as President or Vice-President as the constitutional disqualification is carried out, a special election should be held in order to determine the holder for the office of President and Vice President of the United States. This act is necessitated by the Amendment XIV Sec. 3 Disability being in place during the entire process of the 2024 election and enforces the disability for electoral votes cast for ineligible candidates.
This special election would be scheduled one month after passage.
Section 8: This bill shall go into effect immediately.
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Trump v. Anderson 2024 https://www.supremecourt.gov/opinions/23pdf/23-719_19m2.pdf ![]() |
Enforcement Act of 1870, https://en.wikisource.org/wiki/Enforcement_Act_of_1870 ![]() |
William Baude and Michael Stokes Paulsen, Sweeping Section Three under the Rug: A Comment on Trump v. Anderson, Harvard Law Review, September 10, 2024, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4952397 ![]() |
Evan A. Davis and David M. Schulte, Congress has the power to block Trump from taking office, but lawmakers must act now, December 26, 2024, https://thehill.com/opinion/congress-blog/5055171-constitution-insurrection-trump-disqualification/ ![]() |
NOTE: Regarding Section 4 - This section is controversial and likely will invite further evaluation by SCOTUS regardless of how it is worded. It is still important to move forward with this action for the purpose of constitutional integrity. It arguably allows the constitution to be effectively applied where it needs to operate. Moreover, Congress does have jurisdiction to legislate in this manner, correct? Will it cause future problems with any government processes? |
NOTE: Regarding Section 5 - This section is optional. It's likely much of the questionable ballot activity will have to be sorted out through lawsuits on the state and county level. |
NOTE: Regarding Section 6 - This section is also optional. If anyone was previously working on anti-gerrymandering legislature, here's a great spot to pop it in. |
NOTE: Regarding Section 7 - This section is new territory and will be disputed. Inspiration taken from below. Putting this bill forward for a vote before inauguration allows different constitutional stipulations to take part than "post inauguration." Delaying this bill post inauguration probably would be disastrous. This is bill is time sensitive--and requires immediate action. ![]() |
Final Notes: This bill ideally should leverage amnesty with enforcement so that it remains effective even if it doesn't pass. Voting "nay" denies Donald Trump the amnesty vote and maintains his ineligibility as president. Voting "yes" also confirms Trump's invalidation and voids the electoral votes that were cast for a candidate that was ineligible. Sure the bill needs some work, but it's in your capable hands now. Thank you! |
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