Author Topic: SCOTUS should rule unanimously that Constitution matters more than defeating Trump at any cost  (Read 1256 times)

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Online rangerrebew

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SCOTUS should rule unanimously that Constitution matters more than defeating Trump at any cost
By Social Links forJonathan Turley
Published Dec. 20, 2023, 1:42 p.m. ET
 
The Colorado decision to bar Donald Trump from the ballot will be overturned because it is wrong on the history and the language of the 14th Amendment.

Dead wrong.

The question is whether the US Supreme Court will speak with one voice, including the three liberal justices.

As with the three Democratic state justices who refused to sign off on the Colorado opinion, these federal justices can now bring a moment of unity not just for the court but the country in rejecting this shockingly anti-democratic theory.

For years, the disqualification theory has been treated like some abstract parlor game for law professors.

While Democrats called for the disqualification of 120 House members, it was treated as a fringe theory.

https://nypost.com/2023/12/20/opinion/scotus-should-rule-constitution-matters-more-than-defeating-trump-at-any-cost/
« Last Edit: December 22, 2023, 11:40:04 am by rangerrebew »
The unity of government which constitutes you one people is also now dear to you. It is justly so, for it is a main pillar in the edifice of your real independence, the support of your tranquility at home, your peace abroad; of your safety; of your prosperity; of that very liberty which you so highly prize. But as it is easy to foresee that, from different causes and from different quarters, much pains will be taken, many artifices employed to weaken in your minds the conviction of this truth.  George Washington - Farewell Address

Offline DefiantMassRINO

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The Colorado Supreme Court Ruling is a Constiutional matter that warrants adjudication.

If disqualification from office for insurrection is a political punishment (like Impeachment), maybe a criminal conviction is not required.

From my layman's point of view ... I watched Janurary 6th, live, on TV.  Lawyers and grammarians can debate the meaning of "insurrection" and its application to Donald Trump's conduct on, and before, January 6th.  But, what I saw was a President of the United States summon a mob to DC, encourage them to march on to the Capitol, and then do nothing to stop the mob until he realized the mob assault on the Capitol had failed to delay the count of the Electoral votes.

Fourteenth Amendment  Equal Protection and Other Rights

Section 3 Disqualification from Holding Office

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Does Section 3 of the 14th Amendment apply to Trump's possible ineligibility to hold Federal office again?

Who makes that determination of fact, and who enforces it?

My inclination is the voters should have the final say.  It's murky waters when we have courts deciding whose names may or may not appear on state ballots.

My ignorant opinion is that the US Supreme Court will uphold the Colorado Supreme Court ruling because Section 3 also offers a remedy:

But Congress may by a vote of two-thirds of each House, remove such disability.
« Last Edit: December 22, 2023, 12:16:35 pm by DefiantMassRINO »
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