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

Skip to comments.

Supreme Court may look back to the CIVIL WAR over 150 years ago to decide whether Donald Trump can be on the ballot for 2024 general election
Daiy Mail ^ | 2/4/2024

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 ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: ballot; bs; scotus; trump
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-63 next last
Interesting.
1 posted on 02/04/2024 7:40:41 PM PST by BlackFemaleArmyColonel
[ Post Reply | Private Reply | View Replies]

To: BlackFemaleArmyColonel

When was Trump convicted of “insurrection?”

I must have missed it.


2 posted on 02/04/2024 7:42:31 PM PST by E. Pluribus Unum (The worst thing about censorship is █████ ██ ████ ████████ b █ ███████ ████. FJB.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyColonel
The 14th amendment is the homosexual marriage amendment to the U.S. Constitution.

The issues with Trump must be considered in the context of the current understanding of the purpose of the 14th.

3 posted on 02/04/2024 7:46:32 PM PST by jeffersondem
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyColonel

The DM can’t tell a girl from a boy, it renders this story clickbait.


4 posted on 02/04/2024 7:48:41 PM PST by quantim (Victory is not relative, it is absolute. )
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyColonel

Only the Left calls J6 a insurrection.


5 posted on 02/04/2024 7:51:44 PM PST by Deaf Smith (When a Texan takes his chances, chances will be taken that's for sure.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyColonel
Judge Kaplan, Judge Engoron, Merrick Garland, Judge Beryl Howell, Shenna Bellows (Maine Secretary of State) , Jena Griswold (Colorado Secretary of State)George Soros, Reid Hoffman (financial support for E Jean Carroll)

It’s just a coincidence, right?

6 posted on 02/04/2024 7:52:15 PM PST by thegagline (Sic semper tyrannis! Goldwater in 2024 )
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyColonel

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.


7 posted on 02/04/2024 7:55:38 PM PST by ConjunctionJunction (Vim vi repellere licet)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyColonel

In a sane world being “accused” of being an insurrectionist versus actually being convicted of it would be considered insane.


8 posted on 02/04/2024 7:59:48 PM PST by DouglasKC
[ Post Reply | Private Reply | To 1 | View Replies]

To: E. Pluribus Unum

> 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.


9 posted on 02/04/2024 8:01:01 PM PST by Leaning Right (The steal is real.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: BlackFemaleArmyColonel

Due process? DJT was never convicted of insurrection or rebellion against the same. This is high school civics.


10 posted on 02/04/2024 8:06:04 PM PST by Salvavida
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyColonel

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.


11 posted on 02/04/2024 8:06:50 PM PST by Dr. Franklin ("A republic, if you can keep it." )
[ Post Reply | Private Reply | To 1 | View Replies]

To: Leaning Right

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.


12 posted on 02/04/2024 8:07:46 PM PST by Sacajaweau ( )
[ Post Reply | Private Reply | To 9 | View Replies]

To: jeffersondem
The issues with Trump must be considered in the context of the current understanding of the purpose of the 14th.

So the "living document" interpretation?

13 posted on 02/04/2024 8:10:39 PM PST by MileHi ((Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: BlackFemaleArmyColonel

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.


14 posted on 02/04/2024 8:12:01 PM PST by blackdog ((Z28.310) Be careful what you say. Your refrigerator may be listening & reporting you.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyColonel

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.


15 posted on 02/04/2024 8:16:07 PM PST by wgmalabama (Censored!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyColonel
No judicial finding of fact or law that Trump was involved in an "insurrection."

The closest was his second impeachment, where he was also acquitted on all counts by the Senate of inciting an insurrection.

16 posted on 02/04/2024 8:18:35 PM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sacajaweau

I hope so.


17 posted on 02/04/2024 8:23:18 PM PST by No name given (Anonymous is who you’ll know me as)
[ Post Reply | Private Reply | To 12 | View Replies]

To: BlackFemaleArmyColonel
... legal experts believe.

So, speculation by the unemployed.

18 posted on 02/04/2024 8:28:57 PM PST by TigersEye (Our Republic is under seige by globalist Marxists. Hold fast!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyColonel

Not really.


19 posted on 02/04/2024 8:31:45 PM PST by MotorCityBuck (Keep the change, you are filthy animal! )
[ Post Reply | Private Reply | To 1 | View Replies]

To: pierrem15
No judicial finding of fact or law that Trump was involved in an "insurrection."

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!

20 posted on 02/04/2024 8:34:21 PM PST by FirstFlaBn
[ Post Reply | Private Reply | To 16 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-63 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