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Trump this.

rareboy said:
God I wish I was as confident in the SC.

But I LOOOOOVE whenever Marbury is cited.
Click to expand...

I don’t mind Marbury but I don’t love it. It is John Marshall usurping power for the courts not delegated by the Constitution. When Sam Alito speaks about our ‘history and traditions’ that’s the tradition he is speaking of but since the justices have lifetime appointments the only leverage the government has over them is enforcement and their constitutional right to decide what is constitutional for themselves.

Should the court ever go too far (meaning they are completely out of step with the majority of the country)they need to know there will be no enforcement and I will give you an example which could have happened recently, had the court when reversing Roe decided that the fetus was a person under the constitution and that abortion was murder the current administration would not have enforced that nor would more than half the states.

They need to know, if they don’t already, that their word may not be the final word.
 
rareboy said:
Politico writer thinks that Roberts has likely tipped the hand of the SC on where this will land.

www.politico.com

Chief Justice John Roberts may not buy Colorado's argument

A sharp line of questioning reveals something.
www.politico.com www.politico.com
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I am so pleasantly surprised that SCOTUS has suddenly rediscovered voting rights and equal protection.

I do think there's some evidence that this is where they will split the baby. There were multiple discussions with justices on the liberal-conservative continuum about disenfranchisement and collateral estoppel. Basically, they're concerned that the Court or Legislature in one State might make a decision regarding eligibility that impacts other States and the voters in those States.

What I did not hear:
  • They didn't take Trump's bait on the question of whether or not he's an insurrectionist.
  • They didn't give much merit to the argument that the President is not a Officer of the United States.

Next week, they're going to hand Trump's attorneys their ass on the question of whether there's "Presidential immunity" and whether a President can take action without accountability.

This is also another legacy of Moscow Mitch: they had the chance to bar Trump from Federal office in the second impeachment. They didn't. And here we are...
 
There is so much word twisting, and deflection, and spin about this. It is sickening.

The 14th amendment section 3 is about eligibility to hold office. Ballot ineligibility comes as a consequence of ineligibility to hold office in the first place.
The only eligibility requirements for President laid out in the Constitution are: you must be a natural-born citizen who has lived in the U.S.for at least 14 years, be over 35 years of age, and not be an insurrectionist.

Just as you cannot be on any ballot if you are ineligible because you are 22, or born outside the U.S., you cannot be on any ballot if you are ineligible to hold office because you incited and lead an insurrection to overthrow the government!

The number one job of the Court is to enforce the Constitution. The Constitution is not just a set of "guidelines" that we follow if we want to. The Constitution is the highest law of the land. The Constitution is not optional.

Either we have a Constitution, or we don't.
Either we abide by the rule of law as laid out in the Constitution, or we don't.

The text of the 14th amendment is plain and straightforward.
Did Donald Trump swear an oath to the Constitution? Yes.
Did Donald Trump engage in Insurrection? Yes.
Did Donald Trump give "aid or comfort to the enemies thereof" as stated in the 14th amendment? Yes. He supported them, encouraged them, he promised to pardon them.
Is Donald Trump therefore disqualified by the Constitution from holding the office of President? Yes. Donald Trump is ineligible to hold office by the plain text of the Constitution, and therefore cannot be on any ballot in any state.

If the Supreme Court does not enforce the plain text of the Constitution, then, as a country, we will have abandoned the rule of law, abandoned the Constitution, abandoned democracy, and we might as well change all the stars on the flag to swastikas.

This is not complicated.

Everything else is spin. Stop the spin.
 
cityboy-stl said:
Everything else is spin. Stop the spin.
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It is true, however it's just once sentence in a much larger document.

The 14th Amendment's purpose was to prevent the States in the former Confederacy from disenfranchising Black people. Section 1 redefines citizenship and codifies that no State shall deprive any citizen of their rights, including the right to due process. Section 2 undoes the three-fifths clause in the previous text of the Constitution.

The problem with Section 3 is that it doesn't honor the due process clause. The Confederacy had thousands of former insurrectionists and Congress realized that the majority of them would never be tried for their crimes in a court of law. As such, the 14th Amendment doesn't define who gets to decide who is an insurrectionist, it only provides a remedy- a vote of Congress- to allow for insurrectionists to hold office. That lack of definition of who gets to decide is the off-ramp that SCOTUS will most likely take to avoid disenfranchising citizens who may want to vote for Trump.

There's also another part of the Constitution in Article IV, Section 1 "public acts, records, and judicial proceedings of every other state." That's what SCOTUS will use to avoid the larger issue. They don't want to allow a State to decide Federal elections for 49 other States*.

If it's not clear by now, I never thought that Trump should have ever been in the White House. I do not want him to ever get near Washington DC ever again. I think he belongs in prison.

But I have never been a fan of using the courts to do what our elected officials in the Legislative bodies are too chicken shit to do. The question really underlying all of this is, "Why do we have to use the courts to disqualify a batshit crazy, narcissistic sociopathic insurrectionist who allowed 500,000 people to die in a pandemic?" and "What is wrong with the Republican Party and why isn't anyone doing anything about it?".

*We'll pretend that the Electoral College doesn't do exactly that.
 
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This is probably the best quote from today's proceedings was from Jason Murray, the attorney representing the State of Colorado:

Constitutional safeguards are for the purpose of safeguarding our democracy, not just for the next election cycle but for generations to come.

And second, Section 3 is designed to protect our democracy in that very way. The framers of Section 3 knew from painful experience that those who had violently broken their oaths to the Constitution couldn't be trusted to hold power again again because they could dismantle our Constitution democracy from within.

President Trump can go ask Congress to give him amnesty by a two-thirds vote but, unless he does that, our Constitution protects us from insurrectionist.

This case illustrates the danger of refusing to apply Section 3 as written because the reason we're here is that President Trump tried to disenfranchise 80 million Americans who voted against him and the Constitution doesn't require that he be given another chance.
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Ain't gonna happen.

Instead...we are watching all the groundwork of a complete coup being laid out in front of our eyes this week. The GOP is doing everything they can to set the stage for it.

www.politico.com

‘It’s devastating’: Trump seizes unmatched control over GOP

Trump’s influence was felt across the country, from Nevada to Congress to the Republican National Committee.
www.politico.com www.politico.com
 
rareboy said:
Ain't gonna happen.

Instead...we are watching all the groundwork of a complete coup being laid out in front of our eyes this week. The GOP is doing everything they can to set the stage for it.

www.politico.com

‘It’s devastating’: Trump seizes unmatched control over GOP

Trump’s influence was felt across the country, from Nevada to Congress to the Republican National Committee.
www.politico.com www.politico.com
Click to expand...

But you all told me there was no conspiracy when I said there is, because it isn't planned and detailed out step by step, day by day on a Gantt Chart. Now you say there is a conspiracy?
 
It isn't a conspiracy.

It is happening right out in front of everyone's eyes.

The majority of Republicans are choosing Trump as their leader. They have made it very clear what they want. They are doing it democratically.

The GQP members of the House and Senate are divided, but the Trumpists are made powerful because all the reps are terrified of losing the support of the far right wing voters.

Meanwhile, the Dems and the media are wringing their hands over poor Joe being too old to be prez, thereby undercutting his strength because the DEms always do this to their leaders and the media only wants a horse race to sell product. They don't give a shit about the outcome because news is news whoever is elected. They made a fortune while Trump was in power.

Trump isn't hiding what he plans to do once he is in power. He wants to be a 'Dictator' for a day. He has said it out loud.

So what we are watching isn't some secret plan...it is the will of the people. There is nothing mysterious about it.

And it is only because of the flawed and anti-democratic Electoral College that Trump will likely win.
 
They all know he is their only chance of victory because he won't play by the rules.

He will scorch the earth to get what he wants.

So they are all lining up behind him...once again, thinking they will control him.
 
How did we get to this point? Yet again, people supporting Trump, knowing who he is and what he will do. Knowing that he doesn't give a damn about the United States and only cares about himself and getting revenge. Democrats need to stand strong against the hail of news stories questioning Biden's memory. The President is a very busy man, and his error in remembering names can even happen to a younger person. Stay focused Democrats and stand strong.
 
We are back to this....Trump trying to destroy NATO.

NATO chief Stoltenberg said that any attack on the western military alliance would be met with a “united and forceful response”, after Donald Trump invited Russia to attack member countries that he perceived as not meeting their financial obligations.

Another 4 years of international elevated anxiety while Trump sells out democracies to Putin.
 
“Encouraging invasions of our closest allies by murderous regimes is appalling and unhinged – and it endangers American national security, global stability and our economy at home,” said White House spokesperson Andrew Bates.
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www.aljazeera.com

White House condemns Trump’s ‘unhinged’ NATO comments

The frontrunner for the Republican nomination shows no signs of easing hostile stance towards military alliance.
www.aljazeera.com www.aljazeera.com

Every western country will be looking at the US as a threat if Trump takes the White House. Including us in Canada.
 
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