Neither Jefferson Davis nor Robert E. Lee were ever tried for insurrection, but the authors of the Fourteenth Amendment *absolutely* would’ve considered them both barred from office by it.
Transparently this was both the reason for the wording and the implementation at the time the thing was originally written. Almost as if an "Originalist" would find this inarguable.
Wasn't Wirtz the only person tried for war crimes?
jefferson davis argued at his insurrection trial that (1) he was barred from office under the 14th, (2) that constituted a criminal punishment, and therefore (3) he couldn't be tried again as that would be a violation of the double jeopardy clause
View this thread. Just what the doc ordered. bsky.app/profile/pwna...
Those two are MAGA heroes, and Trump would object to either being barred from public office.
And, there's a clear mechanism for remedy: get two thirds of Congress to vote to reinstate. Surely, if Trump is as beloved as he claims, this is a minor piffle.
The biggest mistake that Grant ever made was not hanging Lee from the steps of the Appomattox court house like that traitor deserved.
Prof Kruse, can you address Kurt Lash’s (and thus Lessig’s) claim that “When Congress passed the 14th Amendment, there wasn’t a person in the Senate or House who worried about loyal Americans electing a former rebel like Jefferson Davis as president”? Seems weird that just yrs after the war they /1