States may move to keep Trump off the ballot based on 14th Amendment disqualification (1 Viewer)

[superchuck500]

Section 3 of the 14th Amendment:

There is a growing movement in some states to conclude that Trump is already disqualified under the 14th Amendment and they may remove him from the ballot. This would set-up legal challenges from Trump that could end up at the SCOTUS.

The 14A disqualification doesn’t have any procedural requirements, it simply says that a person that does those things can’t serve in those offices. It a state says it applies to Trump, it would then be on Trump to show that it didn’t (either because what he didn’t doesn’t amount to the prohibited conduct, or that president isn’t an “officer” as intended by the amendment).

States are in charge of the ballots and can make eligibility determinations that are subject to appeal - there is actually a fairly interesting body of cases over the years with ballot challenges in federal court.


More on the legal argument in favor of this:

The Sweep and Force of Section Three

Section Three of the Fourteenth Amendment forbids holding office by former office holders who then participate in insurrection or rebellion. Because of a range

papers.ssrn.com

The Constitution Prohibits Trump From Ever Being President Again

The only question is whether American citizens today can uphold that commitment.

www.theatlantic.com

 

[Farb]

Farb? Farb? Anyone seen Farb?

Yes, your wit drove me away.

 

[Farb]

what is your definition of peaceful?

If some people came to your house and trahed it, broke windows, furniture, trampled the flowerbeds, would you consider that a peaceful visit becaue only a couple family members were harmed? i'm going with no.

But we all know if Antifa did the same thing to the Whitehouse with Trump in it, those word wouldn't even exist in your vocabulary...

Kind of like May 31st 2020 or no?

 

[efil4]

May 26th 2020

So you contend that the Jan 6 rioters that broke thru barricades, windows and doors to gain access to the US Capitol was mostly peaceful yet became "not peaceful" 8 months prior?

 

[efil4]

Yes, your wit drove me away.

oh stop or folks will think you are flirting with me.

 

[DJ1BigTymer]

Did I miss the conviction in the courts or are we just going by Operation Mockingbird/MSNBC?

Trump lost the election and then he lied to his followers and said he won and Biden cheated at the polls.

Trump also orchestrated the effort to undermine the electoral vote count by attempting to introduce fraudulent electors and they used the US Mail to transport fraudulent documents.

Did any of things I listed not happen?

Ok, so because of a protest at the capital, the Government should help us but limiting our choices for a future election which just happens to be the oppositions leading candidate? What did the descents say on the case?

If the Republican party had any integrity, those states wouldn't have to take those steps! Congress failed to impeach that clown and disqualifying him for holding public office.

 

[MT15]

Did I miss the conviction in the courts

You maybe did miss the finding of the CO Supreme Court. They listened to the plaintiffs and Trump’s team put on a defense. They deliberated and weighed the evidence and unanimously decided Trump took part in an insurrection. The US Supreme Court didn’t see any need to contradict that finding or even take it up, they let it stand.

 

[Farb]

So you contend that the Jan 6 rioters that broke thru barricades, windows and doors to gain access to the US Capitol was mostly peaceful yet became "not peaceful" 8 months prior?

By 8 months prior, you are referring to the alt-left riot that burned a church and cause the POTUS to go into a bunker?

Did all the protesters on January 6th break through barricades, doors, windows to gain access or did some walk in guided by capital police?

 

[Farb]

You maybe did miss the finding of the CO Supreme Court. They listened to the plaintiffs and Trump’s team put on a defense. They deliberated and weighed the evidence and unanimously decided Trump took part in an insurrection. The US Supreme Court didn’t see any need to contradict that finding or even take it up, they let it stand.

I don't think you know what 'unanimously' means but that is not important.

They paused their decision if I recall so the SOCUTS could take it up and what did SCOTUS rule again? (this would be a good time to use 'unanimously')

Do you think it a good thing for American politics to begin to use banana republic lawfare against political opponents?

 

[Farb]

Trump lost the election and then he lied to his followers and said he won and Biden cheated at the polls.

Trump also orchestrated the effort to undermine the electoral vote count by attempting to introduce fraudulent electors and they used the US Mail to transport fraudulent documents.

Did any of things I listed not happen?

If the Republican party had any integrity, those states wouldn't have to take those steps! Congress failed to impeach that clown and disqualifying him for holding public office.

So has and are every dem that loses. See Clinton and Abrams.

So, he wasn't convicted of anything really except being a political opposition. Well stated.

 

[efil4]

By 8 months prior, you are referring to the alt-left riot that burned a church and cause the POTUS to go into a bunker?

Did all the protesters on January 6th break through barricades, doors, windows to gain access or did some walk in guided by capital police?

it took you over a week to respond with a false equivalency?

damn, yall slippin...

Dude claps back w/ the St. John Church- lol - window broken and no fire damage to the church itself- it was in a nursery

Historic Church Near White House Damaged Amid Unrest; Leaders Pray for Healing

The leaders of a historic church near the White House say they are praying for the nation to heal after the building was damaged when violence erupted following anti-racism and anti-police brutality protests in Washington, D.C. Bishop Mariann Budde later on Monday criticized President Donald...

www.nbcwashington.com

Meanwhile, back at the Capitol....

Nice try Farb.

 

[DJ1BigTymer]

So has and are every dem that loses. See Clinton and Abrams.

So, he wasn't convicted of anything really except being a political opposition. Well stated.

 

[MT15]

I don't think you know what 'unanimously' means but that is not important.

They paused their decision if I recall so the SOCUTS could take it up and what did SCOTUS rule again? (this would be a good time to use 'unanimously')

Do you think it a good thing for American politics to begin to use banana republic lawfare against political opponents?

On the question of insurrection, yes they were unanimous, as I remember when reading about it. They disagreed about keeping him off the ballot, but every one of them thought he had committed insurrection.

Do you think cases rooted in the Constitution are banana republic law fare? The hypocrisy is blinding.

You will notice that everyone opposing Trump accepted the outcome of the case and nobody felt the need to scale the Supreme Court and smear its walls with feces. Nor did they attack Capitol police officers trying to defend the Supreme Court.

 

[Farb]

it took you over a week to respond with a false equivalency?

damn, yall slippin...

Dude claps back w/ the St. John Church- lol - window broken and no fire damage to the church itself- it was in a nursery

Historic Church Near White House Damaged Amid Unrest; Leaders Pray for Healing

The leaders of a historic church near the White House say they are praying for the nation to heal after the building was damaged when violence erupted following anti-racism and anti-police brutality protests in Washington, D.C. Bishop Mariann Budde later on Monday criticized President Donald...

www.nbcwashington.com

Meanwhile, back at the Capitol....

Nice try Farb.

Everyone loves a time keeper. Shows the value of the argument. LOL

So a protest is considered a riot if only a certain amount damage is done?

 

[Farb]

On the question of insurrection, yes they were unanimous, as I remember when reading about it. They disagreed about keeping him off the ballot, but every one of them thought he had committed insurrection.

Do you think cases rooted in the Constitution are banana republic law fare? The hypocrisy is blinding.

You will notice that everyone opposing Trump accepted the outcome of the case and nobody felt the need to scale the Supreme Court and smear its walls with feces. Nor did they attack Capitol police officers trying to defend the Supreme Court.

Ok, so again, can you point me to the federal charge of insurrection? SCOTUS couldn't find it either but I am sure MSNBC has laid it out for you, so can you share with the class?

Who attacked the SCOTUS again and when? I would also like some back story of the feces on the wall, that sounds very alt-left to me.

What cases were rooted in the constitution?

 

[Farb]

So edgy.

 

[Farb]

Does this not violate the TOS? For real question because if not, I would also like to just post mems in place of a valid argument or this just from one side to be able to do?

 

[DJ1BigTymer]

Does this not violate the TOS? For real question because if not, I would also like to just post mems in place of a valid argument or this just from one side to be able to do?

Your response to my post did not warrant a valid argument or a well thought out response because it would be wasted. You would've, no doubtably, responded with another asinine analogy full of false equivalencies.

 

[SaintForLife]

Did I miss the conviction in the courts or are we just going by Operation Mockingbird/MSNBC?

Ok, so because of a protest at the capital, the Government should help us but limiting our choices for a future election which just happens to be the oppositions leading candidate? What did the descents say on the case?

They think an evidentiary hearing is somehow able to convict him of participating or enciting an insurrection while Jack Smith was too busy getting his nails done to actually charge Trump with being involved in an insurrection.