The decision is easier when there is only one choice.
Posted on 11/08/2023 2:06:30 PM PST by RasterMaster
The Minnesota Supreme Court on Wednesday rejected an attempt to block Donald Trump from the state’s GOP primary ballot next year based on the 14th Amendment’s “insurrection clause” but said the challengers can try again to block from the general election ballot if the former president wins the Republican nomination.
(Excerpt) Read more at cnn.com ...
And he hasn't been charged with insurrection. So the 14th amendment isn't remotely applicable.
Had Trump been charged, tried an convicted of insurrection, the 14th Amendment still would not apply to Trump.
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, 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 legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Trump was never a member of any state legislature, nor was he ever an executive or judicial officer of any state.
Finally, no President is an officer of the United States. Officers of the United States are only those officials who were appointed to their position by the President, a Cabinet member, or a Court. No elected official is an officer of the United States.
See United States v. Mouat, 124 U.S. 303, 307 (1888):
What is necessary to constitute a person an officer of the United States, in any of the various branches of its service, has been very fully considered by this court in United States v. Gernaine, 99 U. S. 508. In that case, it was distinctly pointed out that, under the Constitution of the United States, all its officers were appointed by the President, by and with the consent of the Senate, or by a court of law, or the head of a Department; and the heads of the Departments were defined in that opinion to be what are now called the members of the Cabinet. Unless a person in the service of the Government, therefore, holds his place by virtue of an appointment by the President, or of one of the courts of justice or heads of Departments authorized by law to make such an appointment, he is not, strictly speaking, an officer of the United States.We do not see any reason to review this well established definition of what it is that constitutes such an officer.
I told everyone this would be the outcome.
Now, if the challengers pursue it in the general, the Minny Supes OWN PRECEDENT will be used against them.
That's absurd.
WRONG!!!
The Court of Leftist Screeching and Howling has convicted him of being Orange Man Bad.
The penalty is death, but they haven't (yet) the guts to try it.
It’s Minnesota, for crying out loud.
Trump, like any other Republican, doesn’t stand a chance in that political s**thole anyway.
Nothing to cheer about here. They are withholding fire until the general election when they can do more harm!
No.
We keep putting people on trial until we get the verdict that howling mobs of democrats demand.
Just like we keep recounting the "votes" until we get the election outcome that howling mobs of democrats demand.
That's the essence of federal hate crime laws.
but said the challengers can try again to block from the general election ballot
That is just BS. You might, maybe be able to cook up a case for a primary election because those are state regulated but not a general because Constitutional guidelines come in at that point.
Just 49 more of the all out lawfare state battles left....
Yeah, that’s the one after we lose America in 2024.
We cannot let that happen. We have to color outside the coloring book lines if necessary.🖍️🖍️🖍️🖍️🖍️🖍️🖍️🖍️
America is at stake.
The #JihadJunta and their Useful Idiocy Enablers will do ANYTHING to stop Donald J. Trump.
Correct. It would apply to Biden too.
That fire will burn out by then. One candidate on the ballot will not work.
and the RATS take another one in the.........HA ha!!!
There are 18 states with laws that bar ballot access to anyone with a felony conviction.
Right- but you know damn well if Minnesota prevents him from being on the ballot other states will follow. See hoe gay marriage became legal.
That’s why Texas needs to do the same to biden due to his malfeasance on the border.
Basically, the classic ‘no standing at current, come back when harm has occurred.’
That is either legal advice, or legal encouragement.
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