The Conservative Legal Roadmap to Disqualify Trump From Office

[robosmith]

The Conservative Legal Roadmap to Disqualify Trump From Office

A pair of originalist scholars say that Article 3 of the Fourteenth Amendment is alive and well—and capable of ending the former president’s return to the White House.

 

 

 

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Judges have a complicated relationship with legal scholars. Law-review articles often make their way into court rulings, even in decisions of the Supreme Court. Justices Clarence Thomas and Neil Gorsuch tend to cite them the most, according to an analysis in June by Supreme Court stats guru Adam Feldman, while Justices Amy Coney Barrett and Ketanji Brown Jackson cite law-review articles the least.

...

I rarely write about new law-review articles myself because even when they are interesting or insightful, they are almost never newsworthy on their own. A new paper on Section Three of the Fourteenth Amendment is a rare exception. Written by law professors William Baude and Michael Stokes Paulsen, it argues that the moribund Reconstruction-era provision that disqualifies participants in “insurrection or rebellion” from public office is still valid—and that it applies to former President Donald Trump and his allies.

 

“Despite its long slumber, Section Three of the Fourteenth Amendment is alive and in force,” the authors wrote. “It remains fully legally operative. It is constitutionally self-executing—that is, its command is automatically effective, directly enacted by the Constitution itself. And it is sweeping: It sweeps over earlier and inconsistent constitutional provisions. It sweeps in a broad range of conduct attacking the authority of the United States. And it sweeps in a broad category of former oath-swearing officeholders turned insurrectionists or aiders and comforters of insurrection or rebellion.”

 

 

[Deluge]

17 hours ago, robosmith said:

The Conservative Legal Roadmap to Disqualify Trump From Office

A pair of originalist scholars say that Article 3 of the Fourteenth Amendment is alive and well—and capable of ending the former president’s return to the White House.

 

Those ldiots are focusing on the wrong guy. 

The old, decrepit guy below is where all the criticism & suspicion should be aimed. 

 

Edited August 21, 2023 by Deluge

[robosmith]

1 hour ago, Deluge said:

Those ldiots are focusing on the wrong guy. 

The old, decrepit guy below is where all the criticism & suspicion should be aimed. 

Sorry but the "legal roadmap" does NOT APPLY to Joe.

Thanks for admitting that all you have is "criticism & suspicion." LMAO 

[Deluge]

16 minutes ago, robosmith said:

Sorry but the "legal roadmap" does NOT APPLY to Joe.

That's because he belongs in a rest home. Keeping him out of a rest home is elderly abuse. 

[herbie]

Note how as soon as one mentions Trump's crimes they always reply about Biden. Whatabout whatabout whatabout.

Because they can't defend the indefensible.

[Rebound]

2 hours ago, Deluge said:

That's because he belongs in a rest home. Keeping him out of a rest home is elderly abuse. 

Joe Biden is only two years older than Donald Trump, and Trump is morbidly obese. 

[Deluge]

10 minutes ago, Rebound said:

Joe Biden is only two years older than Donald Trump, and Trump is morbidly obese. 

Biden has the mental acuity of a 163 year old. 

And he falls a lot. 

Edited August 21, 2023 by Deluge

[Rebound]

19 minutes ago, Deluge said:

Biden has the mental acuity of a 163 year old. 

And he falls a lot. 

He’s doing an incredible job as President. 

Let me ask you something:

How many times has Trump complained about special prosecutors investigating him? Hundreds?

How ‘bout Biden? Has he ever once complained about the special prosecutor investigating him and his son? Biden could have fired the Trump-appointed prosecutor, and didn’t. 
 

Biden isn’t afraid of his, because he knows he’s innocent. Trump is shitting his pants, because he’s guilty as can be.  

[Deluge]

10 minutes ago, Rebound said:

He’s doing an incredible job as President. 

Let me ask you something:

How many times has Trump complained about special prosecutors investigating him? Hundreds?

How ‘bout Biden? Has he ever once complained about the special prosecutor investigating him and his son? Biden could have fired the Trump-appointed prosecutor, and didn’t. 
 

Biden isn’t afraid of his, because he knows he’s innocent. Trump is shitting his pants, because he’s guilty as can be.  

No he isn't. He's a pride cultist, he feeds into climate hysteria, and the border is wide open. He's also a racist and a liar. 

And I haven't even gotten into his bullshit economy - we are STILL dealing with inflation. 

[robosmith]

53 minutes ago, Deluge said:

No he isn't. He's a pride cultist, he feeds into climate hysteria, and the border is wide open. He's also a racist and a liar. 

And I haven't even gotten into his bullshit economy - we are STILL dealing with inflation. 

If you had any brains you'd know where to find low prices. IF you really care.... LMAO

[Deluge]

17 hours ago, robosmith said:

If you had any brains you'd know where to find low prices. IF you really care.... LMAO

Spoken like a true left-wing apologist. 

America wants freedom of choice, you government slut, not Marxist work-arounds. 

[robosmith]

28 minutes ago, Deluge said:

Spoken like a true left-wing apologist. 

America wants freedom of choice, you government slut, not Marxist work-arounds. 

Shopping for low prices is THE AMERICAN WAY. You're JUST TOO LAZY. LMAO

[Rebound]

31 minutes ago, Deluge said:

Spoken like a true left-wing apologist. 

America wants freedom of choice, you government slut, not Marxist work-arounds. 

The Fourteenth Amendment was written and passed by Republicans.  Note that the 14th does not mention a requirement for the person to be convicted of any crime. If he previously took an oath, and merely participated or gave and and comfort, he is PROHIBITED.
 

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, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Edited August 22, 2023 by Rebound

[Deluge]

2 minutes ago, Rebound said:

The Fourteenth Amendment was written and passed by Republicans.  

And?

[Rebound]

Just now, Deluge said:

And?

And it says that any participant or aid in an insurrection is ineligible to be President, if they previously took an oath to defend the US.  No conviction for any crime is required.  The Constitution stands above the law.  

[Deluge]

9 minutes ago, Rebound said:

And it says that any participant or aid in an insurrection is ineligible to be President, if they previously took an oath to defend the US.  No conviction for any crime is required.  The Constitution stands above the law.  

There was no insurrection. 

Now, if you election riggers continue targeting conservatives and getting them thrown into prison, I won't be surprised if a revolutionary war resurfaces. 

Edited August 22, 2023 by Deluge

[robosmith]

1 hour ago, Deluge said:

There was no insurrection. 

Trump told them to march to the Capitol to "fight like hell" to "stop the steal" (AKA, EC vote count) and they OBEYED.

Later numerous involved testified they were serving Trump IN COURT.

That is violence to overturn and election. AKA, insurrection.

Your denial won't change those FACTS. Duh

1 hour ago, Deluge said:

Now, if you election riggers continue targeting conservatives and getting them thrown into prison, I won't be surprised if a revolutionary war resurfaces. 

No one cares about your "surprise" or lack thereof. Duh

[robosmith]

The Constitution Prohibits Trump From Ever Being President Again

 

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The only question is whether American citizens today can uphold that commitment.

By J. Michael Luttig and Laurence H. Tribe

 

 

As students of the United States Constitution for many decades—one of us as a U.S. Court of Appeals judge, the other as a professor of constitutional law, and both as constitutional advocates, scholars, and practitioners—we long ago came to the conclusion that the Fourteenth Amendment, the amendment ratified in 1868 that represents our nation’s second founding and a new birth of freedom, contains within it a protection against the dissolution of the republic by a treasonous president.

This protection, embodied in the amendment’s often-overlooked Section 3, automatically excludes from future office and position of power in the United States government—and also from any equivalent office and position of power in the sovereign states and their subdivisions—any person who has taken an oath to support and defend our Constitution and thereafter rebels against that sacred charter, either through overt insurrection or by giving aid or comfort to the Constitution’s enemies.

The historically unprecedented federal and state indictments of former President Donald Trump have prompted many to ask whether his conviction pursuant to any or all of these indictments would be either necessary or sufficient to deny him the office of the presidency in 2024.

Quinta Jurecic: Trump discovers that some things are actually illegal

 

 

 

 

 

 

 

[Rebound]

14 hours ago, Deluge said:

There was no insurrection. 

Now, if you election riggers continue targeting conservatives and getting them thrown into prison, I won't be surprised if a revolutionary war resurfaces. 

Nobody’s frightened of you.  900 of your insurrectionist friends have been convicted. Stewart Rhodes is doing 16 years for sedition and Enrique might get 30 for sedition.  How’s that feel? Nobody’s even protested their incarceration. No rally’s or marches.  
 

You forgot: Trump doesn’t like soldiers who get caught. 

Edited August 23, 2023 by Rebound

[Deluge]

7 hours ago, Rebound said:

Nobody’s frightened of you.  900 of your insurrectionist friends have been convicted. Stewart Rhodes is doing 16 years for sedition and Enrique might get 30 for sedition.  How’s that feel? Nobody’s even protested their incarceration. No rally’s or marches.  
 

You forgot: Trump doesn’t like soldiers who get caught. 

There was no insurrection, therefore, those people are wrongfully imprisoned. That's another box Trump or Vivek will have to check after they get into office. 

Lyin' Biden and his drug abuser offspring are the real threats to this country. 

We have a lot of work to do in 2025. 

 

[robosmith]

2 hours ago, Deluge said:

There was no insurrection, therefore, those people are wrongfully imprisoned.

NUMEROUS juries said YOU'RE WRONG. Duh

Unfortunately for YOU, YOUR OPINION means NOTHING.

 

[Deluge]

4 minutes ago, robosmith said:

NUMEROUS juries said YOU'RE WRONG.

Those juries are political activists just like you. None of you are to be trusted... EVER. 

[robosmith]

27 minutes ago, Deluge said:

Those juries are political activists just like you. None of you are to be trusted... EVER. 

Too bad for YOU. That is how US justice has worked for over 2 hundred years. AKA, the best in the WORLD. Duh

[Deluge]

6 minutes ago, robosmith said:

Too bad for YOU. That is how US justice has worked for over 2 hundred years. AKA, the best in the WORLD. Duh

Too bad for America. That is why the justice system needs to be purged of all leftist filth. It's a lot of work, I know, but with someone like Vivek Ramaswamy at the helm, there's a great chance it gets done.

Edited August 23, 2023 by Deluge

[Deluge]

On 8/22/2023 at 9:48 AM, robosmith said:

Shopping for low prices is THE AMERICAN WAY. You're JUST TOO LAZY. LMAO

SHOPPING is the American way, you silly cultist.

Coupon shopping is for bargain hunters and Marx loving psychopaths like you.