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 ...
Congress already declared President Trump not guilty of insurrection.
He’s a stenographer for the regime.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
You should trademark that before I do! :)
NBC=Nothing But Commies
The last surviving civil war vet died on August 2 1956 at the age of 109.
That was the last Union veteran. Interestingly the last confederate widow didn’t die until 2008 (when young married a very old vet)
https://en.m.wikipedia.org/wiki/American_Civil_War_widows_who_survived_into_the_21st_century#:~:text=Alberta%20Martin%20(née%20Stewart%3B%20December,Civil%20War%20soldier%20produced%20offspring.
“Some warn”
And some don’t warn.
“insurrection /ĭn″sə-rĕk′shən/
noun
1) The act or an instance of open revolt against civil authority or a constituted government.
2) A rising against civil or political authority, or the established government; open and active opposition to the execution of law in a city or state.
3) A rising in mass to oppose an enemy.
The American Heritage® Dictionary of the English Language, 5th Edition • More at Wordnik
The above 3 can all be applied to Black Life Matters and Antifa. The democrat party and our vice president supported both verbally and financially, vice president Harris started a bail fund for them. The democrat party, Black Lives Matter, Antifa and in particular vice president Harris are the definition of insurrection.
Not hard at all. Just need an actual CONVICTION for the crime of Insurrection.
What it says is that Congress can enforce the provision by passing legislation prohibiting insurrection appropriately defined with the sanction being removal from office on conviction. Per the constitution the judiciary has the power to try all cases and the Supreme Court has appellate authority.
The 14 th amendment does not overturn due process. Congree as the power to enforce the constitutional provision by passing a law because the amendment says so. The judiciary hears the case as they hear all cases and controversies. on conviction the appellate courts can hear appeals. The five did no over elaborate. Explaining that the Congress has the power of enforcement is necessary to explain that states don’t have enforcement powers. It is not a vacuous provision with no one to enfranchise it leaving it open to the states. Congress enforces it. ACB is being a legal half wit in severing who has power from who doesn’t. Laws are interpreted as a whole and not peacemeal.
Which could land you in jail. Congress has to pass a law providing for removal from office.
thanks.
Insurrection is already codified. What am I missing ?
https://www.law.cornell.edu/uscode/text/18/2383
Dems- Gaslighting....
4 years is not going to stop the decades of evil cast upon us, there needs to be a plan to carry forward
Yep
The “oathbreakers” are those who were elected in a tainted election and are currently subverting the limits of their Constitutional power RIGHT NOW.
Yes. Let’s go down this road about keeping ones “oath”. If it means nothing... then stop doing it. If it MEANS SOMETHING, hold them ALL accountable.
With piano wire and a lamp post if necessary.
US Code Title 18 Section 2383 - Rebellion or Insurrection
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
I would point out that Trump has not been charged with, much less convicted of Insurection.
courtesy of Rush Limbaugh
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