Colorado SC just disqualified Trump from the ballot using the Fourteenth Amendment Section 3 of the Constitution

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[DHT]Osiris

Lifer
Dec 15, 2015
14,338
12,479
146
Alright, so if that part of the 14th isn't self-executing, there needs to be a body that can execute it prior to serving office. Congress cannot, as far as I know, affect change on a officeholder prior to taking office, so in order to comply with the text of the amendment, someone has to make a decision on the elements of the 14th. Insurrection included. SC shouldn't have been permitted to say 'no' without saying 'do it like this'.
 

K1052

Elite Member
Aug 21, 2003
46,422
33,918
136
I liked the idea of having Biden exercise Presidential immunity to force a challenge that has to be taken to SCOTUS. Say something election related thats detrimental to Trump so SCOTUS has no choice but to rule on it quickly.

Buzz Sam Alito's house with Apaches hourly.
 
Reactions: hal2kilo

Zorba

Lifer
Oct 22, 1999
14,717
10,147
136
I saw some blurb about how congress could reject electoral votes for insurrectionists, but then we're back to self-made constitutional crisis (and basically giving flimsy justifications that Republicans might try in their next attempted coup).
And way worse than leaving them off the ballot before the nomination is even made.
 

ivwshane

Lifer
May 15, 2000
32,279
15,056
136
This just in…laws are not enforceable if it means enforcing the law will lead to abuse by political parties. Good god.
 
Reactions: hal2kilo

JTsyo

Lifer
Nov 18, 2007
11,748
900
126
So how does Congress go about disqualifying someone? The 14th says nothing about it. I agree with the Justices that we can't have states taking people of the ballots in some and not others. If the person should be disqualified it should be nationwide. The path should be though the federal courts, not Congress.
 

fskimospy

Elite Member
Mar 10, 2006
84,444
48,771
136
So how does Congress go about disqualifying someone? The 14th says nothing about it. I agree with the Justices that we can't have states taking people of the ballots in some and not others. If the person should be disqualified it should be nationwide. The path should be though the federal courts, not Congress.
I agree with the idea that this way is easier and cleaner for federal elections. The main drawbacks are that it ignores the plain meaning of the 14th amendment and flies in the face of their other rulings like with the VRA.

The rule is, as always, whatever Republicans want.
 

ivwshane

Lifer
May 15, 2000
32,279
15,056
136
So how does Congress go about disqualifying someone? The 14th says nothing about it. I agree with the Justices that we can't have states taking people of the ballots in some and not others. If the person should be disqualified it should be nationwide. The path should be though the federal courts, not Congress.

Why can’t you have states making sure unqualified candidates are not on the ballots? They do it now. If states were to abuse this power they would be taken to court where, worse case scenario, the Supreme Court would weigh in on whether the removal was justified.

Like how is this hard?
 

brycejones

Lifer
Oct 18, 2005
26,355
24,438
136
Damn! I can feel your pain, fskimo. One of these days you'll be right. Keep on trying champ.
Do you need a wellness check? Too bad, none of us give a shit.

Your brain damage from tossing hand grenades at children in tunnels has progressed to the point where you can't even understand that the poster you were responding too was correct. We all knew this was going to be the outcome.

But as someone who is a deep lover of the constitution and it's original text and meaning you must be deeply outraged that the SCOTUS ignored the plain text and original meaning of the amendment in it's historical context. RIght? You're really pissed off right?
 
Reactions: repoman0

NWRMidnight

Platinum Member
Jun 18, 2001
2,958
2,563
136
Does the ruling make distinction between running and actually holding office? But they'll probably say only Congress can disqualify someone.
Which is opposit of what the constitution states. It says that congress can only remove the disability, not put it in place. Why would it state that congress is the only entity who can remove it if they are the ones who have to put it in place to begin with? that langauge dictates that either it's automatic, or up to the states to enforce it, as the constitution specificly states that authority not specified in the constitution autmoatically fall to the states. So, since the language says that Congress is the only entitity that can remove the disability, and nothing about who has the authority to apply the disability, implies it's automatic or a state power.
 

fskimospy

Elite Member
Mar 10, 2006
84,444
48,771
136
Which is opposit of what the constitution states. It says that congress can only remove the disability, not put it in place. Why would it state that congress is the only entity who can remove it if they are the ones who have to put it in place to begin with? that langauge dictates that either it's automatic, or up to the states to enforce it, as the constitution specificly states that authority not specified in the constitution autmoatically fall to the states. So, since the language says that Congress is the only entitity that can remove the disability, and nothing about who has the authority to apply the disability, implies it's automatic or a state power.
It’s certainly a novel legal idea that SCOTUS thinks the people who drafted the 14th amendment thought it would still be okay for Jefferson Davis to be president if Congress didn’t explicitly bar him.
 
Reactions: Dave_5k
Dec 10, 2005
24,236
7,091
136
Which is opposit of what the constitution states. It says that congress can only remove the disability, not put it in place. Why would it state that congress is the only entity who can remove it if they are the ones who have to put it in place to begin with? that langauge dictates that either it's automatic, or up to the states to enforce it, as the constitution specificly states that authority not specified in the constitution autmoatically fall to the states. So, since the language says that Congress is the only entitity that can remove the disability, and nothing about who has the authority to apply the disability, implies it's automatic or a state power.
That's because you don't possess the magical Founding Fathers Crystal Ball™ that comes with every SCOTUS robe and grants the power of twisted perception. Silly poster, thinking that words have plain and obvious meanings. /s
 
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