Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

1898 Repeal of Section 3 of the 14th Amendment
Heritage Foundation ^ | April 6, 2022 | Hans A. von Spakovsky

Posted on 12/20/2023 4:06:37 PM PST by Buchal

"All of these efforts and threats are a desperate attempt to gain political advantage through patently unconstitutional actions. They are a waste of time and resources and should be dismissed as such."

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


TOPICS: Constitution/Conservatism
KEYWORDS: 14thamendment; 2024; ballot; colorado; election; godsgravesglyphs; nlz; trump
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-70 next last
To: cowboyusa

Sir, be care of what your statements imply. The jnly thing that relates to Democrats today is Marxism. The Confederates could hardly be accused of Marxism.


21 posted on 12/20/2023 4:36:11 PM PST by .44 Special (Taimid Buacharch)
[ Post Reply | Private Reply | To 11 | View Replies]

To: .44 Special

They hated and fought against the United States. So does the left. They should be thrown out. The US is worth defending to the death.


22 posted on 12/20/2023 4:41:08 PM PST by cowboyusa (YESHUA IS KING OF AMERICA! DEATH TO MARXISM AND LEFTISM! AMERICA, COWBOY UP!)
[ Post Reply | Private Reply | To 21 | View Replies]

To: Buchal

I would think the 1898 law only applies to rebels before it was passed in 1898.


23 posted on 12/20/2023 4:51:05 PM PST by Brian Griffin
[ Post Reply | Private Reply | To 1 | View Replies]

To: jeffersondem

It allows marriage between a northerner and a southerner. Radical back in the day


24 posted on 12/20/2023 4:55:09 PM PST by coalminersson (since )
[ Post Reply | Private Reply | To 13 | View Replies]

To: Buchal

“all political disabilities...are hereby removed from all persons whomsoever, except...[~=rebel Congressmen and officers]”

https://govtrackus.s3.amazonaws.com/legislink/pdf/stat/17/STATUTE-17-Pg142.pdf


25 posted on 12/20/2023 4:57:25 PM PST by Brian Griffin
[ Post Reply | Private Reply | To 1 | View Replies]

To: Buchal
Just reading that and it is pretty clear, especially the 1898 legislation saying “the disability imposed by section 3 of the Fourteenth Amendment to the Constitution of the United States heretofore incurred is hereby removed.”

What law schools did the Colorado jurists go to?

26 posted on 12/20/2023 4:58:50 PM PST by Reno89519 (It's war. No one murders and takes Americans hostage. Time to act. Declare war on Islamic Hamas.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Buchal

They didn’t “miss’ it. They thought all dumb asses would miss it tho.


27 posted on 12/20/2023 4:59:46 PM PST by TribalPrincess2U (MURDER IS MYRDER)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Reno89519

I think Constitutional Amendments need an Act of Congress to go into effect. Remember prohibition needed the Volstead Act. They shape the regulation and enforcement of the Amendment.

But I could be wrong.


28 posted on 12/20/2023 5:00:23 PM PST by monkeyshine (live and let live is dead)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Buchal

Trump has no legitimate worries with regard to January 6th.

Flagrantly denying a man due progress as required by the Constitution is an act of rebellion against it.


29 posted on 12/20/2023 5:02:18 PM PST by Brian Griffin
[ Post Reply | Private Reply | To 1 | View Replies]

To: monkeyshine

On this one, it was pointed out by a Freeper earlier today, the 14th amendment specifically allowed Congress by a 2/3 vote to void section 3, which Heritage Foundation reports was done (twice).


30 posted on 12/20/2023 5:02:45 PM PST by Reno89519 (It's war. No one murders and takes Americans hostage. Time to act. Declare war on Islamic Hamas.)
[ Post Reply | Private Reply | To 28 | View Replies]

To: jimjohn

Has to be ratified by the States.


31 posted on 12/20/2023 5:03:28 PM PST by Dalberg-Acton
[ Post Reply | Private Reply | To 4 | View Replies]

To: Reno89519

“heretofore incurred”

1898 act


32 posted on 12/20/2023 5:03:53 PM PST by Brian Griffin
[ Post Reply | Private Reply | To 26 | View Replies]

To: Reno89519
Wait, how can a Congressionally-passed law undo or erase a constitutional amendment?! If it can be done here, then it can be done with the second amendment as well.

The 14th amendment insurrection clause contains a repeal provisuion which allows congress to remove the bar to election or appointment to office by a 2/3 vote of both houses. That was done. The clause is no longer part of the Constitution.

33 posted on 12/20/2023 5:04:34 PM PST by P-Marlowe (Do the math. L+G+B+T+Q = 666)
[ Post Reply | Private Reply | To 3 | View Replies]

To: jeffersondem

“All persons” - citizens

“any person” - equal protection


34 posted on 12/20/2023 5:07:42 PM PST by Brian Griffin
[ Post Reply | Private Reply | To 13 | View Replies]

To: Reno89519

“Wait, how can a Congressionally-passed law undo or erase a constitutional amendment?! If it can be done here, then it can be done with the second amendment as well.”

“Congress may, by a vote..., remove such disability”


35 posted on 12/20/2023 5:11:21 PM PST by Brian Griffin
[ Post Reply | Private Reply | To 3 | View Replies]

To: ProtectOurFreedom

It can’t. Just as the 1968 Gun Control Act can’t delete the 2nd Amendment. Leftist would love that.


36 posted on 12/20/2023 5:12:46 PM PST by Theoria
[ Post Reply | Private Reply | To 15 | View Replies]

To: ProtectOurFreedom
"How can a statute repeal part of a Constitutional Amendment ratified by the states? That doesn’t make sense."

Because it was written into the amendment:

Section 3 Disqualification from Holding Office

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.

https://constitution.congress.gov/browse/amendment-14/section-3/

37 posted on 12/20/2023 5:13:37 PM PST by 2CAVTrooper (Freedom is the sure possession of those alone who have the courage to defend it.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: monkeyshine

I have long called for Joe Biden to be judicially barred from US public office for his Brady Bill vote.


38 posted on 12/20/2023 5:13:48 PM PST by Brian Griffin
[ Post Reply | Private Reply | To 28 | View Replies]

To: Buchal

You really have to understand that the revolutionaries believe the revolution is over, they have won, and everything they do now is just mopping up their defeated enemies.

In this context, arguments to these four justices of the Colorado Supreme Court are like Old Bolsheviks talking to Beria or Yagoda. They didn’t understand what the drain in the floor was for.

I don’t know what to do, and, as a great American once said, I’m too old to go bushwhacking.

But I can tell you that voting is not going to displace the revolutionary cadres now ruling this country, and they are just begging for a reaction that will enable them to consolidate their power using violence once and for all.


39 posted on 12/20/2023 5:14:06 PM PST by Jim Noble (The future belongs to those who show up)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Reno89519

Fair enough. It might depend on the wording of the Amendment as in this case.

On the topic itself - yeah, it sure is odd that if this section 3 was repealed (twice) that it was never brought up by the defense, nor that the Justices didn’t bother to even look up precedent. Something very odd about all this - beyond the stupid ruling CSC gave.


40 posted on 12/20/2023 5:17:44 PM PST by monkeyshine (live and let live is dead)
[ Post Reply | Private Reply | To 30 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-70 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson