Posted on 03/04/2024 12:37:48 PM PST by bitt
House Democrats are now reviving legislation to bar Trump from the ballot in light of the US Supreme Court’s unanimous decision to put Trump back on the Colorado ballot.
The US Supreme Court on Monday unanimously ruled Trump can stay on the Colorado primary 2024 ballot.
The Supreme Court said the states lack the power to enforce Section 3 of the 14th Amendment to the Constitution against Presidential candidates.
“This case raises the question whether the States, in addition to Congress, may also enforce Section 3. We conclude that States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency,” The Supreme Court said according to the ruling reviewed by The Gateway Pundit.
“For the reasons given, responsibility for enforcing Section against federal officeholders and candidates rests with Congress and not the States. The judgment of the Colorado Supreme Court therefore cannot stand,” the high court’s ruling said.
The Supreme Court said in its ruling that only Congress has the power to block a candidate from a presidential ballot.
“The text of Section 3 reinforces these conclusions. Its final sentence empowers Congress to “remove” any Section 3 “disability” by a two-thirds vote of each house. The text imposes no limits on that power, and Congress may exercise it any time, as the respondents concede,” the ruling read.
“Instead, it is Congress that has long given effect to Section 3 with respect to would-be or existing federal officeholders. Shortly after ratification of the Amendment, Congress enacted the Enforcement Act of 1870. That Act authorized federal district attorneys to bring civil actions in federal court to remove anyone holding nonlegislative office—federal or state—in violation of Section 3, and made holding or attempting to hold office in violation of Section 3 a federal crime,” the high court’s ruling read.
Democrat Rep. Jamie Raskin immediately ran to CNN to announce he is ‘working with a number of his colleagues’ including Democrat Rep. Eric Swalwell to “revive legislation” to force Trump off the presidential ballot.
...more
“How many House GOP people will vote with the Dems on this bill, if it comes to the floor?”
They only need 5 GOP members to join them to force a bill to the floor. We might see this happen.
Spoiled children who didn’t get their way.
It might work, if they had a conviction to work from... or the anti-Trump faction is strong enough in the House and Senate.
They haven’t even gotten into impeaching Mayorkas yet and that should be a no brainer
Democrats: “We have to destroy democracy in order to save democracy.”
They need a Helocipter ride.
I sure hope someone sends a copy of that meme to Rob Reiner.
Communists were a majority in Vietnam
Popularly they were supported here too
Gog commy dnc usa
MaGog commy dnc nato - un - Vatican
Good job obombo - Clinton- biden
Rev 13
Raskin and Swalwell...among the most vile, loathsome people ever elected to Congress.
Uh, probably NOT their best idea. Fidiots pushing the bounds.....
Republicrats.....
The left doesn’t deserve a democratic republic.
Whether Congress can "ban Trump" is another matter.
First, any act of Congress cannot be a bill of attainder (a punitive law against a single subject), nor can it be ex post facto (making something criminal after the act had occurred).
Second, the President is absent from the list of federal offices in the 14th amendment. This clearly supports the SCOTUS ruling that offices that represent single states was the intended scope of the 14th amendment.
Third, anything Congress does must address the limitations of the second point. Congress cannot simply legislate that the President is now included in the 14th amendment. Only another amendment can alter an existing amendment.
Fourth, Congress can pass a law describing exactly which behaviors constitute "insurrection" for purposes of the 14th amendment, perhaps even making them specific to Representatives, Senators, and Electors, but any law will have to pertain to future actions of said people, not past actions.
Fifth, any law that Congress can think of to "ban Trump" from the ballot must be signed by the President. Joe Biden signing a law disqualifying the opposition candidate who is beating him in the polls will not sit well with half the country. THAT may be the spark that ignites a new civil war.
-PJ
The entire audiences of “news” and opinion shows on ABC/CBS/CNN/MSNBC/NBC/NPR are due apologeis for all the constitutionally illiterate talking heads on those venues who irrately and with vitriol predicted the decision would not be unanimous but merely a majority opinion by the “Conservative” justices. Those venues showed, as usual, they are 100% biased political outlets not “news” outlets.
I’d wager none of the R’s will vote to keep Trump off the ballot. It’s settled now that it’s gone to the SC. The dems are just acting like the childish babies that they are.
18 U.S. Code § 2383 - Rebellion or insurrection
The code already exists.
Trump was already charged with, tried for, and found not guilty of Insurrection.
It takes two-thirds vote from each body to pass. Won’t happen. Just a continuing smear tactic.
You have to put a stake through their hearts to get them to quit.
Rat-Skin and Washerwoman Schultz are putting together fund raiser material. They know this won’t go anywhere but they need the money the hardcore America haters will give them even on the slightest chance that it could happen. Yes they hate us and America that much.
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