this post was submitted on 26 Jan 2024
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[–] FuglyDuck@lemmy.world 13 points 10 months ago (2 children)

there is- at the federal level some vague means of getting "congress" to do it. Victor Berger was removed by a vote of the full house (WI rep that was convicted improperly of espionage. he was part of the socialist party in 1919.) He was elected as a representative to the house (and the specific side of congress has jurisdiction over itself).

There's nothing saying the senate, for example, couldn't weigh in, declare him unfit and have him removed from his position. I have no idea how that would shake out... but given his announcement or declaration or whatever that was, that's basically invalidating the US constitution... that is definitely insurrection against the US. The 14th amendment section 5 gives authority to soley Congress to enforce 14th's section 3 (you know the insurrection clause).

I would expect that if the house of senate voted to remove him... then the shitheads in SCOTUS would say that it has to be unanimous with the house of reps. but it would be something more than what's currently being done- which is nothing.

[–] bramblepatchmystery@slrpnk.net 8 points 10 months ago

I don't believe the federal legislative can remove the executive of a federated state.

He can be arrested and tried though.

[–] Eccitaze@yiffit.net 6 points 10 months ago

The 14th Amendment's 3rd clause is self executing, so arguably he's just disqualified himself from office.