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To: 4ConservativeJustices
If Davis never ran for office, the provision would not have been applied, so trial for treason was very much a possibility, and as before, said disability could easily have been removed by congress, so the federal government could never use claim that provision as any hindrance to a trial that you allege was open and shut.

Davis could never run for office, even if he wanted to, because of the restrictions of the 14th Amendment. Trial was not a possibility because the provisions of the 14th Amendment did represent punishment for the actions of the southern leaders. And Congress did not remove the restriction, until they did then the provisions against double jeopardy did apply. The the 14th Amendment was indeed an open and shut case preventing prosecution of Davis for his crimes.

1,342 posted on 01/18/2005 4:35:34 AM PST by Non-Sequitur
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To: Non-Sequitur
Davis could never run for office, even if he wanted to, because of the restrictions of the 14th Amendment. ... The the 14th Amendment was indeed an open and shut case preventing prosecution of Davis for his crimes.

The prohibition was not against running for office, it was for WINNING an election (something some here allege he could not do) and being seated. If Davis never ran for office, or never won, then he had not been penalized by the 14th.

Considering Davis was in jail, it seems unlikely that he would be in any position to run for office. Furthermore, the penalty for treason is DEATH, Which would prevent Davis from ever running for office.

Chase's dubious reasoning was an escape clause for morons to grab hold off, a specious line of reasoning that allowed the US Government to abandon a case it could never win.

1,351 posted on 01/18/2005 7:19:58 AM PST by 4CJ (Laissez les bon FReeps rouler - Quo Gladius de Veritas)
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