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Arming the 14th Amendment Against Trump Voters
The Spectator ^ | 9/3/23 | DAVID CATRON

Posted on 09/04/2023 6:48:21 AM PDT by CFW

Within minutes after the Jan. 6, 2021 Capitol Hill riot began, the Democrats, the corporate media, and countless progressive law professors unanimously declared that it was an “insurrection.” Inevitably, they accused then-President Trump of inciting this purported uprising in order to overthrow the 2020 election. Most Americans, however, saw the mayhem merely as a protest that devolved into a riot. Then the other shoe dropped. The people promoting the “insurrection” narrative developed an intense interest in Section 3 of the 14th Amendment, which disqualifies anyone from holding public office at the federal or state level if they have “engaged in insurrection or rebellion against the United States.”

If the Democrats … are so sure Biden can easily defeat Donald Trump, why are they working so hard to … get him off the presidential ballot?

Not coincidentally, the Democratic majority in the House of Representatives used this as a pretext for impeaching then-President Trump for “incitement of insurrection.” The Senate acquitted him, of course, and speculation about the 14th Amendment died down. The consensus among constitutional scholars has long held that Section 3 was meant to apply only to Confederate officials who rebelled against the United States during the Civil War. Recently, however, a couple of never-Trump legal scholars, William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas, published an article claiming that Section 3 still disqualifies Trump from becoming President again:

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Government
KEYWORDS: 14amendment; biden; davidcatron; election; lawfare; nevertrumpers; tampering; trump
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"Never-Trumpers" with an (R) by their name or who portray themselves as LLRs(Life-Long-Conservatives) and make sure they let you know that in any comment made, are just as bad (if not worse) than Democrats. I'd rather face a enemy head-on than one who will stab me in the back while telling me they are on my side.
1 posted on 09/04/2023 6:48:21 AM PDT by CFW
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To: CFW

Democrats and RINOS, just opposite sides of the SAME TURD!!!


2 posted on 09/04/2023 6:51:28 AM PDT by OHPatriot (Si vis pacem, para bellum)
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To: CFW

If the democraps and the media all came out with the term “insurrection” at the same time minutes after the capitol breach on Jan 6 -— tells me it was a planned fedsurrection.


3 posted on 09/04/2023 6:54:31 AM PDT by OrioleFan (Republicans believe every day is July 4th, Democrats believe every day is April 15th.for corruptiion)
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To: OrioleFan

There was no insurrection. It was and effort to save America from the Communists that are taking over now.


4 posted on 09/04/2023 7:00:14 AM PDT by oldasrocks
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To: CFW

It is either Trump or go back to the way things were. Him and Reagan are the only two who have stood up to the Democrat Leftists and Media Leftists[one and the same actually] . If you still value what little individual freedom you have [most 99 and 9/10ths % don’t] Donald Trump it is. Or you can vote for Lindsey Graham types. The voters of South Carolina worship him. They may be on to something. Those who are hitching their star to the Indian guy are headed for a heartbreak. But it is tour heart.


5 posted on 09/04/2023 7:04:25 AM PDT by sport
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To: oldasrocks

Ask any legal immigrant from a Communist country what they see here in America. They fear that we are turning into a Communist run nation.


6 posted on 09/04/2023 7:06:33 AM PDT by gathersnomoss (End This Attack On Justice.)
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To: CFW
If the Democrats … are so sure Biden can easily defeat Donald Trump, why are they working so hard to … get him off the presidential ballot?

They're not going to run Biden.

They have something up their sleeve. (Don't they always?)

They will pull Hillary or Newsom, or someone even more undesirable, whom the voters would never choose on their own, out of the hat at the last minute.

The newly selected president will "save" the Democratic party and rule the country as a tyrant--the people be damned.

7 posted on 09/04/2023 7:11:40 AM PDT by Jess Kitting
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To: oldasrocks

To me the inappropriateness in the use of “insurrection” is in the requirement that an attempt to overthrow the government must have a chance, even a microscopic chance, of succeeding. That spastic riot had no chance of succeeding. It merely delayed the joint session of Congress by something less than 5 hours. It was a very strange and disturbing event, and the folks who damaged property and threatened or injured law enforcement deserve profound consequences, but the insurrection label is just not applicable.


8 posted on 09/04/2023 7:11:57 AM PDT by Wally_Kalbacken
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To: OHPatriot

Well said. It’s either Trump or the dumpster fire we’re in now.


9 posted on 09/04/2023 7:13:45 AM PDT by abbastanza
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To: CFW

“Arming up against Trump voters” … be careful what you wish for. … be very very careful!


10 posted on 09/04/2023 7:17:05 AM PDT by Highest Authority (DemonRats are pure EVIL)
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To: CFW

The whole thing is an exercise in how much abuse they can perform before the snapback. The left loves this because the compliant GOP always stops the snapback from fully reversing the abuse or progressing to the point of restoring our republic.

So:
- based on an event the Dems and alphabet agencies created (1/6) in which Trump is on record advocating for peaceful protest;
- They’ve lied to call it ‘insurrection’ and;
- Have had leftist stooges file completely garbage charges against Trump for this (while trying desperately to remove the evidence, bury the tapes, and provide no means to show the truth); and
- even those the event is a non-crime, the charges are bogus, and the trial hasn’t started, they want to deny the people the ability to vote for Trump using a provision that would only apply to people actually convicted of an actual attempt to overthrow the government.

Meanwhile while the GOP holds the house, nothing happens. A large number, perhaps a plurality, of states have GOP attorneys general, and nothing happens. Similarly other DAs. Nothing.


11 posted on 09/04/2023 7:22:48 AM PDT by No.6
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To: oldasrocks
There was no insurrection. It was and effort to save America from the Communists that are taking over now.

Important note that some don't yet get, they are using the constitution to shred the constitution. Witness the overcharging of political opponents.

Unless Republicans begin indicting Biden for human trafficking and impeaching him for bribery, don't expect anything but an increasing pace of destruction.

To each their own, but I'm taking my chances with the only guy not owned by the DS/Communists - DJT. Flaws, cringe tweets and all. As one poster noted, Dems and RINO's are just different end of the same turd.

12 posted on 09/04/2023 7:25:37 AM PDT by IamConservative (I was nervous like the third chimp in line for the Ark after the rain started.)
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To: CFW

They’ll try to do it at the (swing) state level where the constitution gives states control of their elections and where the courts have failed to step in.


13 posted on 09/04/2023 7:32:42 AM PDT by bigbob (Q)
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To: oldasrocks

There was no insurrection. It was and effort to save America from the Communists that are taking over now.


Yes

They have taken over the cultural institutions(cultural marxism)

now they are solidifying their political control

even if Trump wins

unfortunately, he is just a speed bump on the race to marxism

i do not see anyone who could take up the MAGA mantle at this point


14 posted on 09/04/2023 7:33:03 AM PDT by joshua c (to disrupt the system, we must disrupt our lives, cut the cable tv)
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Comment #15 Removed by Moderator

Comment #16 Removed by Moderator

To: CFW

Been over this again and again.

1) The 14th has been interpreted by courts on MULTIPLE occasions as (in this clause) ONLY applying to the Civil War. Both MTG and Cawthorne were hit with this in 2022 and courts dismissed both cases on these grounds. There was a case in NM where a guy running for Congress was tossed, but I don’t think he had money to appeal, which he would have won.

2. The CLEAR language of the 14th sec. 3 says “no person shall be a senator or representative in congress or ELECTOR of pres or vice pres or hold any office, civil or military . . . having previously taken an oath as a member of Congress, or as an OFFICER of the United States, or as a member of any state legm ir as an exec or judicial officer of any state . . .” who engaged in insurrection. Note a particular office missing? President. Why?

3. Because the qualifications or disqualification for president are strictly outlined in the Constitution and the only way a pres can be removed or disqualified is through impeachment and CONVICITION. Trump has not been so disqualified.

4. In other attempted applications of this clause, courts have consistently held that this referred only to Confderates.

5. It’s also telling that even the Confed PRESIDENT, Davis, was excluded by the omission of “president.” Why? Because the Republicans would not accord him the title “president” and because we already had a president named Lincoln.

The lefty Atlantic just ran a piece calling the 14th process vs. Trump a “fantasy.”


17 posted on 09/04/2023 7:35:58 AM PDT by LS
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To: CFW
The people promoting the “insurrection” narrative developed an intense interest in Section 3 of the 14th Amendment, which disqualifies anyone from holding public office at the federal or state level if they have “engaged in insurrection or rebellion against the United States.”

Fine. So charge Trump with it and get a conviction - then Section 3 of the 14th Amendment has some relevance. Until then, it's all just empty BS. Trump has never even been charged with insurrection, let alone convicted - and a conviction is what it would take to keep him off any ballot based on the 14th Amendment.
18 posted on 09/04/2023 7:44:04 AM PDT by AnotherUnixGeek
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To: OHPatriot

But they are diametrically opposed!


19 posted on 09/04/2023 7:45:55 AM PDT by sasquatch
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To: LS

“1) The 14th has been interpreted by courts on MULTIPLE occasions as (in this clause) ONLY applying to the Civil War.”


I know that and you know that. Law professors previously took that position as well and there was no serious question of it placed before the courts. However, as we have recently seen, there is now a “Trump” exception to all laws, regulations, and precedents. The left is not going to be pleased in the future if a “Biden” exception to some law is implemented by a conservative prosecutor in filing charges against Joe Biden.


20 posted on 09/04/2023 7:47:13 AM PDT by CFW (I will not comply!)
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