Posted on 03/04/2024 3:24:23 PM PST by Oldeconomybuyer
WASHINGTON — In ruling that states cannot kick Donald Trump off the ballot, the Supreme Court placed significant limits on any effort — including by Congress — to prevent the former president from returning to office.
Should Trump win the presidential election and lawmakers then seek to not certify the results and prevent him from taking office because he "engaged in insurrection" under Section 3 of the Constitution's 14th Amendment, the decision could foreclose that action.
It is on that point that the court — notionally unanimous in ruling for Trump despite its 6-3 conservative majority — appeared to be divided, with the three liberal justices vehemently objecting to the apparent straitjacket the decision enforced on Congress.
Justice Amy Coney Barrett, a conservative, wrote her own opinion saying she also believed the court had decided issues it did not need to resolve but she did not join the liberal justices’ separate opinion.
Apparently, without the support of the four women justices, a five-justice majority said that Congress had to act in specific ways to enforce section 3.
“This gives the Supreme Court major power to second guess any congressional decision over enforcement of Section 3,” Rick Hasen, an election law expert at UCLA School of Law, wrote immediately after the ruling.
The Colorado Supreme Court had found Trump had violated the provision in contesting the 2020 presidential election results in actions that ended with the Jan. 6 attack on the Capitol.
(Excerpt) Read more at nbcnews.com ...
Yes, the 14th Amendment was passed to stop Confederate officials from serving in the US Congress.
“But enforcement of Reconstruction would be impossible if state and local governments in the South were run by former Confederates, and if Congress, in the words of Pennsylvania Representative Thaddeus Stevens, was “filled with yelling secessionists and hissing copperheads.””
From History.com
The South wasn’t fighting to replace Abraham Lincoln.
It wasn’t a civil war, it was a war between the states.
It wasn’t an insurrection
Taking your post at face value, you use the above condition twice.
Who makes this decision, in your view?
I want DJT back for many reasons....1.5% inflation,$1.99 a gallon milk and a southern border sealed tight being near the top of the list.
And you honestly think he can bring back all that? Well he isn’t The Wizard of Oz and he could not do it either.
they are insurrectionists
I agree with the minority.
SCOTUS should have just ruled narrowly on this. Not a state’s issue and be done.
The use of the 14th for something other than what it was intended, was to keep Pres. Trump from a 2nd term.
Nothing more.
So, now let’s say, the same scenario with Pres. Trump’s 2nd term.
Super rat majority in the house and senate.
(We need to keep our eyes on those balls...almost more important the Pres. Trump getting elected)
Charges a President with insurrection and sends the referral to DOJ.
DOJ decides to indict.
Will there be a trial ?
If so, where will the trial be held ?
D.C.
Guessing there would be no appeal to SCOTUS because SCOTUS already left it up to Congress ?
Makes no sense. The left has completely forgotten that Trump withstood the impeachment vote for his actions. No court in the land has found him guilty of insurrection.
Like the one currently in the White House?
They said that after Tom Brady’s first 6 Super Bowl rings.
Which decision?
Let’s expel them from office and into jail.
It’s harder to boot an oath-breaking incumbent.
I’ll be glad to have this insurrectionist nonsense behind us.
Name these “some” because hiding a hit piece by claiming its journalism reporting on some interview that never took place doesn’t work anymore.
There hasn’t been a need to “boot oath breaking insurrectionist” from the ballot in modern times so why all the sudden concern about how easy or difficult the process is? We’ve never had an oath breaking insurrectionist as our president, and that includes Trump. But we have had oath breaking, ineligible traitors, on the ballot and in the White House (Obama and Biden) and removing THEM from the ballot or from office was difficult enough to have never succeeded.
No kidding I asked one to give me his definition of the word & all I got was the”deer in the headlights “ look Then I gave him Benito Mussolini as & Antonio Gramsci’s definition as they were the 2 Italian socialists who invented the ideology known as fascism! Mussolini was the publishing editor of A anti the largest circulating socialist newspaper in Italy & Gram sci was the party ideologies for the Italian socialist party! The idiot in question was not happy as I had University reference book titles who wrote them & when they were written as well as the Dewey decimal system number. So the silly bastard could look it up for himself if he had the intellectual curiosity to look it up himself.
. .
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