Section 3 of the 14th Amendment to the US Constitution: by now, most have heard that this Section prohibited Confederates from running for Federal office. The anti-Trumpers loudly bluster with a thunderous righteous certitude that, 'Section 3 of the 14th Amendment bars Trump from office because it states, "The 14th Amendment bars from office anyone who once took an oath to uphold the Constitution but then “engaged” in “insurrection or rebellion” against it. A growing number of legal scholars say the post-Civil War clause applies to Trump after his role in trying to overturn the 2020 presidential election and encouraging his backers to storm the U.S. Capitol."'
Not only are these anti-Trumpers blustering to confuse, claiming that the 14th Amendment is self executing and does not require due process, these issues are interfering with the election. They also continue the liberal Law-fare (filing multiple suits to drain resources and shift focus from the main issue) against Trump. And they are now frivolously wasting the courts' time.
Why does Ipsism say that these suits are frivolous? First, the anti-Trumpers ignored the last clause of Section 3. Namely, ",but Congress may, by a vote of twothirds of each House, remove such disability."
Most attorneys have been taught to "Shepardize" their case law. In this discussion the 14th Amendment. What does it mean to Shepardize in law? To "Shepardize" a legal case means to trace its history and note various changes. Shepardizing is especially important for lawyers when citing cases that may have subsequently been overturned or revised in some way.
The big tip-off to Section 3 is that it granted Congress the ability to remove the 'disability' of Section 3. So a competent, non-frivolous attorney should have found out whether or not Congress ever removed Section 3's disability. It would have taken a competent attorney little time to find the answer. It took Ipsism less than five minutes to find 'Report 1407' of the House of Representatives, 55th Congress 2nd Session. After reading the report another few minutes uncovered:
June 6, 1898.
Removal of disabilities of persons who
have engaged in insurrection against the
June 7, 1898.
CHAP. 389.-An Act To remove the disability imposed by section
three of the Fourteenth Amendment to the Constitution
of the United States.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the disability imposed
by section three of the Fourteenth Amendment to the Constitution of
the United States heretofore incurred is hereby removed.
Approved, June 6, 1898
Therefore, by act of Congress, signed into law 125 years ago, Section 3 of the 14th Amendment is no longer in effect and cannot be used against ANYONE, not even Donald J Trump.
If Ipsism were advising Mr. Trump, the advice would be to move the court to dismiss the various anti-Trumpers' suits, declare the suits frivolous and ask for damages and attorney fees. In other words, turn the Law-fare on the anti-Trumpers.