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originally posted by: Sookiechacha
So, SCOTUS NEVER said that.
originally posted by: xuenchen
originally posted by: Sookiechacha
a reply to: JinMI
See. If only SCOTUS would have actually said what you said they said, this wouldn't be happening, because it would be settled, and over. But it isn't settled and it isn't over, and won't be settled or over any time soon.
Jamie Raskin plans to revive legislation barring Trump from office via 14th amendment
The Courts can't legislate from the bench like Democrats want. 😬
Nice red
The lower court said it,
and the SC said only Congress can act on a President i.e. impeachment. That statement is saying section 3 doesn’t apply to the President.
originally posted by: Sookiechacha
a reply to: Xtrozero
Nice red
LOL I started doing that when another poster asked me to bolden and color highlight the important parts of my citations. I guess it was too hard for them to read without them. So, there ya go...
The lower court said it,
I know that.
My point is, because they failed to answer that question, the issue isn't settled. I predicted that because it isn't settled, if Trump wins the electoral vote, on Jan 6th, 2025, congress members will object to states' votes based on Trump being an insurrectionist, and ultimately The House of Representatives will decide the election.
originally posted by: Sookiechacha
a reply to: network dude
I predict it's going to be a ZOO. A national spectacle and an international embarrassment!
Thanks SOCTUS!
originally posted by: Sookiechacha
originally posted by: xuenchen
originally posted by: Sookiechacha
a reply to: JinMI
See. If only SCOTUS would have actually said what you said they said, this wouldn't be happening, because it would be settled, and over. But it isn't settled and it isn't over, and won't be settled or over any time soon.
Jamie Raskin plans to revive legislation barring Trump from office via 14th amendment
The Courts can't legislate from the bench like Democrats want. 😬
You say the question was not before them, but it was. It was in the amicus briefs, and it was part of Trump's defense. Even one of the liberal justices, Kagan maybe?, brought it up when questioning Colorado's lawyer. They asked if Section 3 even applies to the presidency, since it isn't listed in the clause: No Person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State".
The Court could have chosen to answer the question, without legislating from the bench. But they just didn't choose to. They left the question unanswered, and kicked it to Congress.
If Raskin writes a bill that labels Trump ineligible for office and it passes, (it won't) Trump could, and would, take the bill to SCOTUS to again, to decide on that question.
“You can’t simply announce that somebody has committed a crime and you’re the judge and jury and penalizer !”
originally posted by: Sookiechacha
originally posted by: xuenchen
originally posted by: Sookiechacha
a reply to: JinMI
See. If only SCOTUS would have actually said what you said they said, this wouldn't be happening, because it would be settled, and over. But it isn't settled and it isn't over, and won't be settled or over any time soon.
Jamie Raskin plans to revive legislation barring Trump from office via 14th amendment
The Courts can't legislate from the bench like Democrats want. 😬
You say the question was not before them, but it was. It was in the amicus briefs, and it was part of Trump's defense. Even one of the liberal justices, Kagan maybe?, brought it up when questioning Colorado's lawyer. They asked if Section 3 even applies to the presidency, since it isn't listed in the clause: No Person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State".
The Court could have chosen to answer the question, without legislating from the bench. But they just didn't choose to. They left the question unanswered, and kicked it to Congress.
If Raskin writes a bill that labels Trump ineligible for office and it passes, (it won't) Trump could, and would, take the bill to SCOTUS to again, to decide on that question.
originally posted by: Sookiechacha
a reply to: network dude
Thanks SOCTUS!
originally posted by: Sookiechacha
a reply to: JinMI
It's not settled, because SCOTUS didn't settle it. Until they do, Trump is ineligible to hold office under Section 3. It's only matter of who and how Section 3 is to be enforced.
Yes a SCOTUS ruling on changing Congressional authority would have been legislating because the law was not in question. Breaking that law was in question.
Section 3 of the Amendment likewise restricts state autonomy, but through different means. It was designed to
help ensure an enduring Union by preventing former Confederates from returning to power in the aftermath of the
Civil War. See, e.g., Cong. Globe, 39th Cong., 1st Sess.,
2544 (1866) (statement of Rep. Stevens, warning that without appropriate constitutional reforms “yelling secessionists and hissing copperheads” would take seats in the
House); id., at 2768 (statement of Sen. Howard, lamenting
prospect of a “State Legislature . . . made up entirely of disloyal elements” absent a disqualification provision). Section 3 aimed to prevent such a resurgence by barring from
office “those who, having once taken an oath to support the
Constitution of the United States, afterward went into rebellion against the Government of the United States.”
Cong. Globe, 41st Cong., 1st Sess., 626 (1869) (statement of
Sen. Trumbull)