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To: bitt
SCOTUS ruled that the Presidency is an office of ALL THE PEOPLE and that a single state cannot disqualify the President from their ballot.

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

34 posted on 03/04/2024 1:01:34 PM PST by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: Political Junkie Too; bitt
***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***

It is becoming reasonably clear that the Dems are working to overthrow our Constitutional Republic - and, just like in 1861, they seem prepared to precipitate a 'civil war' to get everything that they want.

Already they are scheming to find a way to ignore the SCOTUS decision on the 14th Amendment. Joe Bitem is openly violating a recent SCOTUS ruling prohibiting forgiveness of student debt without the Congress. Will the radical Dems follow the same path❓

The Colorado Sec State is stunned that she doesn't have the power to simply declare a political opponent as guilty of a crime (no charges, no trial by jury) and deny his voters the right to vote as they wish. This is the new Democrap Party: they can determine what is legal and who is guilty without all the distractions of prosecutors, courts, juries - whatever ❗

It started with Jussie Smolett.πŸ‘ˆπŸ‘ˆ
. . . . . .
I recently wrote my governor, Ron DeSantis, and suggested he consider 'threatening' to remove Joe Bitem from Florida's ballot - on the grounds of his grossly violating immigration laws, his ignoring a SCOTUS ruling on student debt, his wounding the dollar and the American family with inflation - anything concrete.😌🀷

59 posted on 03/04/2024 7:49:55 PM PST by Bob Ireland (The Democrap Party is the enemy of freedom.They use all the seductions and deceits of the Bolshevics)
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