From what you say, I take it the 14th Amendment, Section 3 can be used by anyone, at any time, for any reason at all as long as they say the person excluded engaged in an insurrection, on their say-so of what an insurrection is. From my take on your reasoning, I conclude it sets aside every single rule in the rest of the U.S. Constitution.
Also, I call attention to your claim that the 14th "disqualifies former President Donald Trump, and potentially many others. . ." By your summary, would that include Kamala Harris, to take only one example, who urged people to help bail out the violent protesters arrested during the summer uprisings, which destroyed, not merely occupied, several public buildings and seized territory in Seattle that they declared no longer a part of the U.S.? (Which is in fact precisely the kind of insurrectionary act the Confederacy took to bring on this amendment in the first place.) I don't say it does include Kamala, but if you think tens of millions won't say it does once Trump is excluded, you are kidding yourself. It is this that Loury is trying, desperately, to get through to those who think this arcane 14th Amendment ploy is some sort of cute law school exercise, nothing more.
From what you say, I take it the 14th Amendment, Section 3 can be used by anyone, at any time, for any reason at all as long as they say the person excluded engaged in an insurrection, on their say-so of what an insurrection is. From my take on your reasoning, I conclude it sets aside every single rule in the rest of the U.S. Constitution.
Also, I call attention to your claim that the 14th "disqualifies former President Donald Trump, and potentially many others. . ." By your summary, would that include Kamala Harris, to take only one example, who urged people to help bail out the violent protesters arrested during the summer uprisings, which destroyed, not merely occupied, several public buildings and seized territory in Seattle that they declared no longer a part of the U.S.? (Which is in fact precisely the kind of insurrectionary act the Confederacy took to bring on this amendment in the first place.) I don't say it does include Kamala, but if you think tens of millions won't say it does once Trump is excluded, you are kidding yourself. It is this that Loury is trying, desperately, to get through to those who think this arcane 14th Amendment ploy is some sort of cute law school exercise, nothing more.
To clarify, all of the text in my post above under “Abstract” is by the authors, not by me.