25 historians file amicus brief supporting 14th amendment disqualification

The 25 historians – among them James McPherson of Princeton, the pre-eminent civil war scholar – pointed to 1860s congressional debate.

“Senator Reverdy Johnson of Maryland, a Democratic opponent of the 14th amendment, challenged sponsors as to why section three omitted the president. Republican Lot Morrill of Maine … replied, ‘Let me call the senator’s attention to the words “or hold any office civil or military under the United States”.’ Johnson admitted his error; no other senator questioned whether section three covered the president.”

The historians also cited Andrew Johnson, in 1868 the first president impeached, referring to himself as “chief executive officer”.

  Guardian

It's a ridiculous argument that the president is immune because he's not an officer of the US, but I wouldn't put anything ridiculous past this Supreme Court.

Pointing out that section 3 of the 14th amendment is self-executing, and that “no former Confederate instantly disqualified from holding office under section three was disqualified by an act of Congress”, the historians also noted that Jefferson Davis, the Confederate president, cited his own disqualification as reason an indictment for treason should be quashed.

“Contemporary information provides direct evidence of the enduring reach of the 14th amendment,” the historians wrote. “Congress … chose to make disqualification permanent through a constitutional amendment.

“Republican senator Peter Van Winkle of West Virginia said, ‘This is to go into our constitution and to stand to govern future insurrection as well as the present.’ To this end, the Amnesty Acts of 1872 and 1898 did not pardon future insurrectionists.”

So the rotten SCOTUS also has the path of saying Trump did not incite or commit insurrection, which would directly contradict the Colorado courts.

The historians also said “adverse consequences followed” amnesty, many ex-Confederates winning office and “participat[ing] in the imposition of racial discrimination in the south that vitiated the intent of the 14th and 15th amendments to protect the civil and political rights of the formerly enslaved people.”

The historians concluded: “The court should take cognisance that section three of the 14th amendment covers the present, is forward-looking, and requires no additional acts of Congress for implementation.”

...but hey, do what you want...you will anyway.

UPDATE 11:05 am:

UPDATE 06:00 pm: