Posted on 02/04/2024 7:40:41 PM PST by BlackFemaleArmyColonel
Donald Trump's attempt to be reinstated on the ballot in Colorado could hinge on interpretations of the Constitution made in the immediate aftermath of the Civil War, legal experts believe.
Trump was declared ineligible to appear on the Colorado ballot on December 19.
The decision marked the first time in history that Section 3 of the 14th Amendment has been used to disqualify a presidential candidate, and the U.S. Supreme Court on January 5 agreed to hear Trump's appeal against the Colorado Supreme Court's decision.
Oral arguments are set to be heard on February 8.
Lawyers for both sides will reference arguments made 150 years ago by Salmon Chase, a member of Abraham Lincoln's Cabinet who Lincoln appointed to the Supreme Court in 1864.
(Excerpt) Read more at dailymail.co.uk ...
When was Trump convicted of “insurrection?”
I must have missed it.
The issues with Trump must be considered in the context of the current understanding of the purpose of the 14th.
The DM can’t tell a girl from a boy, it renders this story clickbait.
Only the Left calls J6 a insurrection.
It’s just a coincidence, right?
They don’t even have to look at the history, they can just look at the text. This part of the 14th Amendment is not self-executing.
In a sane world being “accused” of being an insurrectionist versus actually being convicted of it would be considered insane.
> When was Trump convicted of “insurrection?” <
Even better: When was an insurrection declared in the first place? The Insurrection Act of 1807 gives the president the power to declare an insurrection. President Lincoln declared one in 1861. The last insurrection was declared by Bush I in 1992, during the LA riots.
https://en.wikipedia.org/wiki/Insurrection_Act_of_1807
But now it seems like everyone is declaring an insurrection. Senators, governors, mayors. None of them have any authority to do so!
If the Supreme Court does not quickly void this trash, I will declare my town’s mayor to be in insurrection. I want his job, and that would be quicker than actually running against him.
Due process? DJT was never convicted of insurrection or rebellion against the same. This is high school civics.
SCOTUS could rule that it is a political decision and leave it to Congress, or it could make a legal decision that Trump has never been convicted of treason, conspiracy, or insurrection and therefore the lower court needs to hold a hearing on the issue. Expect the usual suspects, Roberts and Barrett, to lack a backbone.
I think the Supreme Court took it to shakes everyones tree...and read the Constitution as intended. It should be a 9-0 in Trump’s favor.
So the "living document" interpretation?
The “insurrection” was an insurance policy. It was hatched by Pelosi and the DOJ in the weeks just after the 2020 election to make Trump a legally flawed candidate. They knew the election was rigged because they rigged it. They knew in 2024 Teump voters would prove the steal in 2020, so they had to make him ineligible to run again.
Be careful opening up such questions. I personally believe if we can join the union voluntarily then we can leave it voluntarily in spite of decisions of 150+ years ago. It is a basic principle in our constitution. Freedom of association. It really is that simple. We are not slaves to the FedGov. We do not lose that basic principle of association.
The closest was his second impeachment, where he was also acquitted on all counts by the Senate of inciting an insurrection.
I hope so.
So, speculation by the unemployed.
Not really.
You could say the same thing about the 14,000 estimated ex-Confeds who were disenfranchised BEFORE the 14th Amendment was sent to the states for ratification. (They were barred from voting in elections for state legislature, thus executing Section 3 before it was ratified.)
An argument can be made that the 14th Amendment was thus illegally ratified and should be voided until properly ratified. Reparations for descendants of Confed officials!
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.