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1898 Repeal of Section 3 of the 14th Amendment
Heritage Foundation ^ | April 6, 2022 | Hans A. von Spakovsky

Posted on 12/20/2023 4:06:37 PM PST by Buchal

"All of these efforts and threats are a desperate attempt to gain political advantage through patently unconstitutional actions. They are a waste of time and resources and should be dismissed as such."

(Excerpt) Read more at heritage.org ...


TOPICS: Constitution/Conservatism
KEYWORDS: 14thamendment; 2024; ballot; colorado; election; godsgravesglyphs; nlz; trump
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How on earth did the Colorado Supreme Court miss the fact that section 3 of the 14th Amendment was rendered inoperative by the Amnesty Act of 1872 and a blanket act in 1898 (40 Stat. 432).

This is not rocket science. The 1898 law says that “the disability imposed by section 3 of the Fourteenth Amendment to the Constitution of the United States heretofore incurred is hereby removed". But this law is not even cited in the Colorado opinion--was it even cited to the Court?

1 posted on 12/20/2023 4:06:37 PM PST by Buchal
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To: Buchal

Facts?, Facts?

Leftist Jurisprudence don’t need no stink’n Facts.


2 posted on 12/20/2023 4:08:35 PM PST by Paladin2
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To: Buchal

Wait, how can a Congressionally-passed law undo or erase a constitutional amendment?! If it can be done here, then it can be done with the second amendment as well.


3 posted on 12/20/2023 4:11:22 PM PST by Reno89519 (It's war. No one murders and takes Americans hostage. Time to act. Declare war on Islamic Hamas.)
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To: Reno89519

It can if Congress passed it with a 2/3 vote. It’s written right in the amendment.


4 posted on 12/20/2023 4:14:05 PM PST by jimjohn (We're at war, people. Start acting like it.)
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To: Reno89519

Because that amendment specifically stated that Congress could remove that “disability”, i.e. the prohibition against holding office, by legislation rather than by another amendment.


5 posted on 12/20/2023 4:14:12 PM PST by CA Conservative (Free at last, free at last, thank God Almighty, I am free at last)
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To: Buchal

Because the CREWS gang don’t care.


6 posted on 12/20/2023 4:15:52 PM PST by markman46 (engage brain before using keyboard!!!)
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To: Paladin2

Trump just posted that the last time Democrats took a Presidenal Canidate off the ballot eas Abraham Lincoln.


7 posted on 12/20/2023 4:17:06 PM PST by cowboyusa (YESHUA IS KING OF AMERICA! DEATH TO MARXISM AND LEFTISM! AMERICA, COWBOY UP!)
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To: jimjohn; Phoenix8

Okay, thanks. I’ll have to read up on that legislation. So, how or why did the court ignore it? Political theatre or incompetence?


8 posted on 12/20/2023 4:18:23 PM PST by Reno89519 (It's war. No one murders and takes Americans hostage. Time to act. Declare war on Islamic Hamas.)
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To: cowboyusa

The ‘Rats were apparently being real insurrectionists at that time.....


9 posted on 12/20/2023 4:19:25 PM PST by Paladin2
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To: Buchal

Section 3 does not even cover the President. The omission of the position of President in the text was not a simple oversight nor is the President covered by the “any position “under” the United States” text since the Presidency is an office “of” but not “under” the United States and there is a big difference.


10 posted on 12/20/2023 4:20:01 PM PST by XRdsRev (Justice for Bernell Trammell, Trump supporter, murdered in 2020)
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To: Paladin2

The left are neo- Confederates.


11 posted on 12/20/2023 4:20:33 PM PST by cowboyusa (YESHUA IS KING OF AMERICA! DEATH TO MARXISM AND LEFTISM! AMERICA, COWBOY UP!)
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To: Buchal

These questions of “how could they?” are silly.

The did. Right in your face. This is about raw exercise of power, thumbing their nose, and daring you to do anything in response. And then getting ready to crush you if you do. Welcome to banana Republic dictatorship.


12 posted on 12/20/2023 4:27:19 PM PST by Tipllub
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To: Buchal
14th amendment? Isn't that the homosexual marriage amendment?
13 posted on 12/20/2023 4:27:20 PM PST by jeffersondem
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To: jeffersondem
14th amendment? Isn't that the homosexual marriage amendment?

No, it's the abortion amendment. Check the emanations and perturbations.

14 posted on 12/20/2023 4:29:00 PM PST by Publius
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To: Buchal

How can a statute repeal part of a Constitutional Amendment ratified by the states? That doesn’t make sense.


15 posted on 12/20/2023 4:29:49 PM PST by ProtectOurFreedom (“Occupy your mind with good thoughts or your enemy will fill them with bad ones.” ~ Thomas More)
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To: Buchal

It’s not rocket science, but it’s rather obvious that the 1898 law did not repeal the provision. A law cannot repeal a constitutional provision, only another constitutional amendment can.

What this statute clearly did, by its words, was remove any disability imposed on whoever otherwise would have been forbidden to hold office... as the amendment permits. No way this is helpful.


16 posted on 12/20/2023 4:30:09 PM PST by CraigEsq (,)
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To: Paladin2

One of those leftist lunatics will try to disqualify Trump the old fashioned Democrat way. The media and entire establishment are encouraging and hoping for it.


17 posted on 12/20/2023 4:30:43 PM PST by TornadoAlley3 ( I'm Proud To Be An Okie From Muskogee)
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To: cowboyusa

Because the demoncrats weren’t satisfied with Lee’s surrender at Appomattox. In fact, they killed a sitting president and an insurrection has been in place ever since. They are the party of SLAVERY, SEDITION, SOCIALISM, and SURRENDER. Anything they do is a criminal act. Anyone who sides with them is an accomplice in their treason.


18 posted on 12/20/2023 4:32:04 PM PST by RasterMaster ("Towering genius disdains a beaten path." - Abraham Lincoln)
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To: Publius

I thought it was the “GOOD AND PLENTY” clause.

https://freerepublic.com/focus/f-bloggers/2481323/posts


19 posted on 12/20/2023 4:33:07 PM PST by RasterMaster ("Towering genius disdains a beaten path." - Abraham Lincoln)
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To: RasterMaster

If you like licorice...


20 posted on 12/20/2023 4:34:54 PM PST by Publius
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