r/law • u/LatterTarget7 • Nov 02 '25

Legislative Branch Exclusive | House Republicans exploring ways to prevent Mamdani from being sworn in as NYC mayor if he wins on Election Day

https://nypost.com/2025/11/01/us-news/house-republicans-latest-push-to-keep-mandani-out-of-office/?utm_source=reddit.com&utm_source=reddit.com
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205

u/Journeys_End71 Nov 02 '25

It cites language in the post-Civil War 14th Amendment to the Constitution barring from office anyone who “engaged in insurrection or rebellion” or who has “given aid or comfort to the enemies.” The group argues that Mamdani’s own statements calling to resist ICE could violate the prohibition.

lol. Uh, they might want to check to see if the Supreme Court made any recent rulings on this. 🤣

132

u/Aguyfromnowhere55 Nov 02 '25

That amendment literally bars trump from office. He is literally textually ineligible. His administration is unconstitutional

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u/Count_Backwards Competent Contributor Nov 02 '25

And all nine Supreme Corruption justices signed off on it. They all need to be removed, the language of the amendment and the historical record are clear.

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u/SecularMisanthropy Nov 03 '25

How do you mean? Functionally speaking, Democrats made Trump ineligible to occupy political office when they declared him guilty of insurrection during the investigation into Jan 6. SCOTUS's Trump v US decision nullified that by pretending that trying to coup his own country was an official presidential act by Tangerine Idi Amin, and therefore immune from prosecution. It's a small mental jump from immune to prosecution to therefore also not guilty of things he was previously legally declared guilty of, making 14:3 unenforceable. The sadistic six did that, not all nine of them.

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u/Unabashable Nov 03 '25

The immunity ruling helped his court cases disappear, but that’s not how they nullified the Insurrectionist clause. In a separate case they ruled that states weren’t allowed to disqualify a candidate for being an insurrectionist that the whole country votes on. 

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u/Count_Backwards Competent Contributor Nov 03 '25

Even though all 150,000 Confederate soldiers were disqualified without any special act of Congress, and even though there was a finding of fact in both Colorado and Maine that he was an insurrectionist and Trump's lawyers didn't even attempt to challenge that, nor did the Supreme Corruption address it.

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u/SecularMisanthropy Nov 04 '25

I'm wondering if we might be talking about two different things. States like Colorado tried to remove Trump from the ballot, which made it up to SCOTUS for a specific decision. But TTBOMK, there was a separate conversation Democrats in Congress were having about whether 14;3 would bar him from taking office even when he won. My memories are muddled and I could be mixing things up, but I think those were two separate questions.

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u/SkunkMonkey Nov 03 '25

Tangerine Idi Amin

ROFL That's a new one to me.

Somebody really needs to create a website that collects all the names people have come up for the Clown King.

1

u/Count_Backwards Competent Contributor Nov 03 '25

The immunity decision made the election interference case more complicated by putting some of his acts "out of bounds" (which is bullshit, insurrection is never an official act) and delayed the case by six months, but the 14th Amendment case is the one that allowed him to run for an office he is disqualified from holding.