Posted on 12/27/2023 1:18:23 AM PST by krogers58
The amateurish opinion, issued by the Colorado Supreme Court (CSC), denying Trump the ability to be on the Colorado Presidential ballot. SCOTUS will take this case, and will throw it out, based on a misreading of the 14th amendment. This misreading of the 3rd clause of the 14th amendment is so fundamental, that once revealed, it will not only call the CSC's basic reading skills, and their incompetence is so stunning, they should be recalled.
The 3rd clause of the 14th amendment reads:
(i)(b)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.(/b)(/i)
“misreading of the 3rd clause of the 14th amendment”
Smith is not misreading it, he’s trying to have it apply to Trump without there being any probable cause.
It posted before I laid out the reason. Nowhere in this paragraph to they describe presidents. The longshot is that they presume “person who holds office under the United States. The Roberts Court determined in 2010 that the boundaries of federal office definition, is that a federal officer (i.e. cabinet secretary, military officer) is that person is NOT a federal officer if he is elected to office.
This cannot be unknown to these partisan hacks. SCOTUS should, and likely will, begin, and end, it’s analysis with the complete lack of statutory language to support their decision. Moreover, as they’ve constructively tried to change the constitution’s plain textual reading, they’ve performed a legislative function, where they were without the authority to do so. It’s quite possible the immunity granted judicial officers, does not apply to their attemtp to usurp the legislative and executive power (directing the secretary of state to remove Trump from the ballot. These activists, masquerading as judges are likely personally liable.
This isn’t about Smith, this is about the Colorado Supreme Court. Smith isn’t part of this case in any way.
Okay, but I still don’t see where there is probable cause.
Trump is no officer.
Intent of a potential accused is a critical factor in applying any law to that accused. The intent of both the law AND of the accused usually must align. The intent of the amendment was the broad, sweeping brush post civil war.
Trump did not partake in the civil war as an official confederate party member or soldier.
Let’s just start there. Then there’s the re-assignment to the meanings of words from the past (intent) compared to lawyers weasel words of today.
“They” have collected so much dirt on everybody, what are the chances the SCOTUS members aren’t being blackmailed? Slim to none, I’d say.
Either they’re timid bastards, or there’s something else going on. When they wouldn’t hear the case by TX, et al., after the election, they pretty much showed their hand. Bought off our blackmailed. I have no hope they’ll do the right thing re CO.
It applies to the judges, who ought to be impeached and thrown out.
shall have engaged in insurrection or rebellion against the same,
Seems to me your answer is right there...
Trump has never been tried on such charges...those who make out like he had engaged in insurrection are merely asserting a claim.
Lawfare has not convicted him of anything.
“Bought off or blackmailed.”
I don’t think it’s necessarily either.. more likely partisanship and arrogance. The Leftist establishment sees itself as untouchable at this point. They have such complete monopolies in media, academia, government (both elected and unelected) that they can make up their own rules.
Their voter base of Democrat loyalists is so dumbed-down and amoral, they deny or turn a blind eye to election fraud and unequal justice - as long as it scores them a win.
Democrat voters I know don’t care if the election was stolen or not - they feel like winners. They are like sports fans taking great pleasure in seeing the opposing team’s quarterback get his neck broken.
They think - good for us!
Reads to me like it doesn’t include the President.
It’s a political smear campaign.
They know SCTUS will toss for several reasons:
1) There is no due process.
2) The 14th Amendment doesn’t apply to POTUS, see above
3) The SCOTUS decisions in the recent past, from Obama eligibility, the original Jurisdiction case of Texas vs multiple states, and the recent Abortion decision all point to a majority opinion of decisions left to the people. Colorado SCOTUS attempt to prevent people a choice on a ballot goes against this tide.
Disclaimer. Before you bash me I disagree with the Texas case as the SCOTUS is original jurisdiction AND it directly involves the civil rights of legitimate voters and legitimate processes. Remember, the SCOTUS is in DC, and they are not immune to the propaganda and threats surrounding them.
They still have yet to prove January 6th was an “insurrection”.
Fundamental incompetence:
Aside from the ‘officer’ interpretation - clearly defined under Articles 1 & 2 of the U.S. Constitution - the only ‘court’ where DJT has been convicted - let alone charged - with ‘insurrection’ has been that of [ignoramus] public opinion, promoted by the media under the conspiracy to smear/defame DJT and obstruct his return to office.
CSC’s action demands intense, perpetual pressure on said justices, now exposed as enemies of the US Constitution.
For the record, the quote from Article 1:
“Clause 5 Officers
The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
ArtI.S3.C5.1Senate Officers”
Article 2 rounds it out nicely:
“He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”
‘Officers’ are inferiors. Subordinates. Period. Only an idiot, biased activist or enemy would believe otherwise. Hence my comment.
I believe the matter of ‘election interference’ by CSC should be pursued to a righteous conclusion.
14th Amendment, Section 3. 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 disabilities.
1872 Amnesty Act, repealing the 14th Amendment section 3: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each house concurring therein), that all political disabilities imposed by the third section of the fourteenth article of amendments of the Constitution of the United States are hereby removed from all persons whomsoever, except Senators and Representatives of the thirty-sixth and thirty-seventh Congresses, officers in the judicial, military, and naval service of the United States, heads of departments, and foreign ministers of the United States."
On June 6th, 1898, Chapter 389, Congress : “Be it enacted by the Senate and House of Representatives of The United States in Congress assembled, That the disability imposed by section three of the Fourteenth Amendment to the Constitution of the United States heretofore incurred is hereby removed.”
Don't forget, a law degree is a liberal arts degree. Lawyers are morons. These government employees acted as political activists and not court judges; court jesters, but not judges.
This is what a traitor to the United States does.
it’s odd that “electors OF Prez or VP”, are specified, but not the Prez. Appears intentional.
On the other hand, all elected office holders ARE specified.
Robert’s rational from 2010 confuses.
..the bigger issue is lack of charges or conviction for insurrection, framed with DjT’s “march peacefully and patriotically”
Maybe by throwing out the ruling would destroy the Marxist Dem plan to Socialize America. Maybe the Marxist Dems are paying off many Current Republicans to take early retirement or just not run for another term. That would give the Dems control of both the House and Senate so the illegals would be given amnesty and become Marxist Dem voters. The whole reason for open borders is for the Dem vote by illegals.
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