Posted on 08/20/2023 9:02:17 AM PDT by lowbridge
Prominent conservative legal scholars are increasingly raising a constitutional argument that 2024 Republican candidate Donald Trump should be barred from the presidency because of his actions to overturn the previous presidential election result.
The latest salvo came Saturday in The Atlantic magazine, from liberal law professor Laurence Tribe and J. Michael Luttig, the former federal appellate judge and prominent conservative,
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“The people who wrote the 14th Amendment were not fools. They realized that if those people who tried to overturn the country, who tried to get rid of our peaceful transitions of power are again put in power, that would be the end of the nation, the end of democracy,”
-snip
Not all in the legal community agree with the pair’s constitutional argument – and what the scholars are proposing would need to be tested in court.
Yet Luttig and Tribe’s writings capture a conversation about the Constitution and the 2021 insurrection that is likely to grow heading into the 2024 election season.
They and others base their arguments on a reading of part of the 14th Amendment, a post-Civil War provision that excludes from future office anyone who, previously, as a sworn-in public official, “engaged in insurrection or rebellion … or [had] given aid or comfort to the enemies” of the government.
The pair write: “Having thought long and deeply about the text, history, and purpose of the Fourteenth Amendment’s disqualification clause for much of our professional careers, both of us concluded some years ago that, in fact, a conviction would be beside the point.
“The former president’s efforts to overturn the 2020 presidential election, and the resulting attack on the U.S. Capitol, place him squarely within the ambit of the disqualification clause, and he is therefore ineligible to serve as president ever again.”
(Excerpt) Read more at cnn.com ...
How about the Constitutiinal argument that CNN should be barred from broadcasting? The Biden Doctrine, that no Amendment is absolute, would definitely allow that.
i believe this bunch thinks constitutionally DJT should not be able to breathe, much less run for Prez. come on, folks.
“The people who wrote the 14th Amendment were not fools. They realized that if those people who tried to overturn the country, who tried to get rid of our peaceful transitions of power are again put in power, that would be the end of the nation, the end of democracy,”
So Called Constitutional scholars?
Why would they say we are a democracy?
No conservative scholar would
The article starts out with prominent Conservative legal experts, and then lists the Atlantic and Lawrence Tribe??
They can drop GTH!
No.
“...in fact, a conviction would be beside the point.” That’s it in a nutshell. Under the ruse of saving democracy, the left and many RINOs want to prevent voters from voting for the candidate of their choice.
How about Al Gore's efforts to overturn the 2000 election and the resulting so-called Brooks Brothers Riot that disrupted the vote counting at a Miami vote recount center? These were Republicans who stormed the recount center when Democrats planned to close off the recounting from Republican observers while they recounted only a subset of ballots in a back room.
Nobody accused Gore or the protesting Republicans of insurrection or rebellion for interfering with the counting of votes.
-PJ
Ah...the phd crowd telling us all what to do and think since they studied more and more about less and less.
If these are “legal scholars” they should realize he is innocent until proven guilty.
The projection and transference is just too much. Godless socialists.
Shocked.....not.
Let’s play the game:
On May 31, 2020, St. John’s Episcopal Church in Washington, D.C., was burned in a blatant act of insurrection. As a result and out of precaution, the duly elected President of the United States was taken to a secure location due to the threat of violence against him and against the government. Every standing member of the Democrat party praised this action against the President, and by extension the Federal Government.
Therefore, persuant to the 14th Amendment of the United States, no member of the Democrat Party is permitted to hold office, since they are guilty of giving aid and abetting those individuals who mounted an insurrection against the United States and her citizens.
The Marxist Dems are saying and doing anything to keep Trump from being elected. They are determined to establish a Marxist Gov’t here in the USA.
Trump’s actions of Questioning a Stolen elect are now Illegal ?
CNN lacks all credibility and quite honestly anyone that repeatedly appears on CNN in an analysis capacity does not perform analysis. They regurgitate the Marxist talking points that CNN perpetuates 24/7. Any analyst that deviates from those talking points in any significant manner is never to be seen on CNN. The same is true on MSNBC and FNC, but there is a difference on FNC. FNC is focused on globalist, neocon talking points with a smidgen of capitalism thrown in so their simpleton audience doesn’t completely vanish.
The 14th Amendment clause dealing with “insurrection or rebellion” pertains to Confederates and the Civil War!
“Jan 6” was a nothing-burger, and not an insurrection! It certainly was not the Civil War! And Trump called for a peaceful demonstration!
These “legal scholars” are all wet, and are hyper-partisan Democrats to boot. No one should listen to them! And it’s too bad that “The Atlantic” has sunk so low!!
Yes, because he is a threat to the corrupt political establishment and its toadies and could bring their gravy train to a halt.
No wonder they're determined to bar him from the presidency.
A ridiculous argument. Stupid as a used meadow muffin. But getting Trump out by any means possible is the DNC conspirators’ number one objective. They’re not stupid. They see he’s beating any possible D candidate hands- down. If he stays in the race, the DNC will need to rely on its Election Theft Machinery again
Liberal test for office
Evolution - atheism monopoly only
Nambla - diversity
Race - class war
Mobocracy / hutu law - justice
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