You'd have to ask the citizens and legislators of those states. Someone has to be the initiator. Any individual can initiate through the lower state courts. And I see no reason at all that disqualification under the 14th Amendment could not have originated in the Federal district courts. In Colorado, for example, a long-time member of the Republican Party initiated action through the lower Colorado court.
14th Amendment Time -- It's long overdue to keep insurrectionists off the ballot
- Thread starter gwb-trading
- Start date
I too am of the opinion that the S.C. will find a way to invalidate Colorado's removal of Trump from the Republican Primary Ballot. I don't agree, however, that they will conclude that the ex-president has to be convicted of insurrection in a regular Court of Law under the Federal Statute to be disqualified under section 3..
I doubt the Court wants to look that silly in the eyes of the American people. Everyone knows Trump was behind the Jan6th insurrection. My guess is that the Court will find a more esoteric argument that does not fly so badly in the face of reality. In addition to having been found to be an Insurrectionist by the majority of the American People, Trump has also been found to be an insurrectionist by the House's Jan 6th Committee after one of the most extensive investigations in our History, and was yet again found to have engaged in insurrection by the lower Colorado court in a one-week trial.
Section 5 says: "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article". This refers to the entire article, not only Section 3!
Section 5 does NOT give sole power of enforcement to the Congress. Of course using Section 5 to again give Congress the authority it already has to enforce the Constitution is superfluous. Congress has had, since 1789, the power to see to it, via legislation if necessary, that our laws are enforced. Section 5 is redundant.
Obviously the only, prima facie interpretation of Section 5 that can be naturally invoked, without artifice, is as clear as Section 3. I.e., Congress has the same power they normally have to enforce our laws. Their is no indication that other Federal and State Bodies, do not also have power of enforcement via their own respective means... Every State's Governor takes an oath to support BOTH the States Constitution and the Federal Constitution.
The Federal Judiciary is one of the protectors of our Constitution; it is not the only protector however...
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*It's a popular myth, too often parroted by politicians, that all three branches of the Government are "Co-Equal" [the non-word "Co-equal" is itself nonsense.] The Legislative Branch (particularly the house) has the most power of the three Branches of our democratic Republic. (see Chomsky) But it is also the Branch that has shown itself to be least capable of holding on to its Constitutionally derived powers. By failure to wield its power due to willful Congressional dysfunction, the House has unwittingly ceded some of its power to the Executive and Judicial Branches. The House can seize back its erstwhile power whenever it chooses [in regard to the House's control over the S.C., see Article III, Section 2., Paragraph 2]. However since Newt Gingrich's invoking of "My Way or the Highway" strong-arm-tactics, the House has been too dysfunctional to do much of anything whenever the Republican party has had a majority. Gingrich broke the Government (That will be his legacy.) It's been broken ever since whenever the Republicans are in the Majority. Boehner, Ryan, and McCarthy all quit or were ousted due to an unmanageable Republican Majority --- looks as though Johnson's fate will be similar. The primary tool of the burn-the-House-down faction of the Republican, Gingrich-like, legislative terrorists is the absurd debt limit legislation.
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The only proper thing here is to invalidate Colorado's decision on the dangers of setting precedent (as one could argue insurrection is a "broad term" tbd by the states) and at the same time find Trump to have committed insurrection thus disqualifying him.
They won't grace us w/the proper conclusion and the reduction of repeat insurrections though because finding him guilty means his ass has to be hauled off to prison.
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Phantom punch from former congressman Adam Kinzinger that knows an insurrectionist when he sees one.
By the way, he has a good book out called "Renegade".
wrbtrader
Pyrrhic victory given SCOTUS decision yesterday. Let's hope Donnie sees it that way for the Justices next year when he starts the purge.
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Yeah, the SCOTUS had the opportunity to take up the case of immunity in the fall of 2022 and declined it...they instead wanted the appellate courts to decide. Just as bad, the DOJ had all the evidence and was too slow to get into the courts...
Now we're here today at what I've been saying for a few months now after the appellate courts decided "no immunity" for the former President that's now "citizen Trump".
Fireworks, if a sitting President becomes a convicted felon, could have been avoided if the DOJ and SCOTUS did not drag their feet on such a critical issue for Americans.
Yet, it will be interesting to see which other states have the courage to protect Democracy the way the state of Illinois just did. Simply, does not being on the ballot implies "no votes" ???
If so, the math to victory begins to dramatically change if you're only given "zero" from states like Illinois...further opening the door for an Independent to sneak into the Oval Office because most Americans do not want a Biden/Trump repeat...they both are too old and have cognitive problems.
wrbtrader
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Let's see what the GOP idiots are up to in Arizona. They think state government can override federal constitutional amendments. This will not go well for the GOPers in court.
Arizona Senate Passes Bill Preventing Presidents From Ballot Removal Under 14th Amendment
https://www.democracydocket.com/new...removal-under-14th-amendment/?nothowthisworks
Arizona Senate Passes Bill Preventing Presidents From Ballot Removal Under 14th Amendment
https://www.democracydocket.com/new...removal-under-14th-amendment/?nothowthisworks