TRUMP INDICTED
- Thread starter jimihendrix1
- Start date
compassionateExotic
Well-Known Member
DIY-HP-LED
Well-Known Member
Trump doesn't need to be convicted to be disqualified from even running for office and can be kept off the ballot on the state level as well as federal. If federalist society says so, then federalist society judges and justices will agree with it, and they are all republicans. Even if Trump won the republican nomination and avoided jail, he would still be disqualified from office.
news.yahoo.com
Trump Is Disqualified From Holding Office, Conservative Law Professors Argue
Two conservative law professors argue that Donald Trump is ineligible to serve as president again due to a section of the Constitution that prohibits anyone who has engaged in insurrection from holding office.
William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas explain their conclusion in an article set to be published in the University of Pennsylvania Law Review. The constitutional scholars, both active in the conservative Federalist Society, studied the question for more than a year, according to The New York Times.
“When we started out, neither of us was sure what the answer was,” Baude told the Times, adding that they engaged in the research to settle “an important constitutional question.”
The answer, according to Baude: “Donald Trump cannot be president — cannot run for president, cannot become president, cannot hold office — unless two-thirds of Congress decides to grant him amnesty for his conduct on Jan. 6.”
The provision they studied is Section Three of the 14th Amendment, which states that any person who took an oath to support the U.S. Constitution and then “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof,” is prohibited from holding any government office.
The ban can be lifted only by a two-thirds vote by each House of Congress, according to the provision.
The 14th Amendment was adopted in 1868, in the wake of the Civil War, and is most noteworthy for extending civil and legal rights to formerly enslaved people.
Baude and Paulsen noted that Section Three of the amendment was designed to address a specific problem that arose after the Civil War. Southern states sent men who had violated their oaths to the Constitution by supporting secession to serve in Congress after their defeat.
“Fast-forward a century and a half,” the academics wrote. “The events surrounding efforts to overturn the result of the presidential election of 2020 have sparked renewed scholarly, judicial, and political interest in Section Three of the Fourteenth Amendment.”
Despite facing dozens of charges from three felony indictments, Trump remains the front-runner for the 2024 Republican presidential nomination.
He was charged earlier this month over his attempted coup after the 2020 election, which culminated in a riot on the U.S. Capitol on Jan. 6, 2021, carried out by supporters seeking to stop the certification of electoral votes.
“This was undoubtedly a serious assault on the American constitutional order. Not since the Civil War has there been so serious a threat to the foundations of the American constitutional republic,” Baude and Paulsen wrote.
The professors explored the provision at length, parsing whether Trump violated it, and how it could be applied and enforced. They concluded that Section Three is “legally self-executing” and its “disqualification, where triggered, just is.”
As far as enforcement, the authors determined that it “may and must be followed — applied, honored, obeyed, enforced, carried out — by anyone whose job it is to figure out whether someone is legally qualified to office.”
This could include state election officials, state legislatures and governors, Congress, the White House and state and federal judges.
“The bottom line is that Donald Trump both ‘engaged in’ ‘insurrection or rebellion’ and gave ‘aid or comfort’ to others engaging in such conduct, within the original meaning of those terms as employed in Section 3 of the 14th Amendment,” they concluded.
The article provides a foundation for lawsuits debating the “vital constitutional issue” that could end up before the Supreme Court, Paulsen told the Times.
Trump Is Disqualified From Holding Office, Conservative Law Professors Argue
Two constitutional law academics determined that the Constitution bars Trump from becoming president again due to his role in the Jan. 6, 2021, insurrection.
Trump Is Disqualified From Holding Office, Conservative Law Professors Argue
Two conservative law professors argue that Donald Trump is ineligible to serve as president again due to a section of the Constitution that prohibits anyone who has engaged in insurrection from holding office.
William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas explain their conclusion in an article set to be published in the University of Pennsylvania Law Review. The constitutional scholars, both active in the conservative Federalist Society, studied the question for more than a year, according to The New York Times.
“When we started out, neither of us was sure what the answer was,” Baude told the Times, adding that they engaged in the research to settle “an important constitutional question.”
The answer, according to Baude: “Donald Trump cannot be president — cannot run for president, cannot become president, cannot hold office — unless two-thirds of Congress decides to grant him amnesty for his conduct on Jan. 6.”
The provision they studied is Section Three of the 14th Amendment, which states that any person who took an oath to support the U.S. Constitution and then “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof,” is prohibited from holding any government office.
The ban can be lifted only by a two-thirds vote by each House of Congress, according to the provision.
The 14th Amendment was adopted in 1868, in the wake of the Civil War, and is most noteworthy for extending civil and legal rights to formerly enslaved people.
Baude and Paulsen noted that Section Three of the amendment was designed to address a specific problem that arose after the Civil War. Southern states sent men who had violated their oaths to the Constitution by supporting secession to serve in Congress after their defeat.
“Fast-forward a century and a half,” the academics wrote. “The events surrounding efforts to overturn the result of the presidential election of 2020 have sparked renewed scholarly, judicial, and political interest in Section Three of the Fourteenth Amendment.”
Despite facing dozens of charges from three felony indictments, Trump remains the front-runner for the 2024 Republican presidential nomination.
He was charged earlier this month over his attempted coup after the 2020 election, which culminated in a riot on the U.S. Capitol on Jan. 6, 2021, carried out by supporters seeking to stop the certification of electoral votes.
“This was undoubtedly a serious assault on the American constitutional order. Not since the Civil War has there been so serious a threat to the foundations of the American constitutional republic,” Baude and Paulsen wrote.
The professors explored the provision at length, parsing whether Trump violated it, and how it could be applied and enforced. They concluded that Section Three is “legally self-executing” and its “disqualification, where triggered, just is.”
As far as enforcement, the authors determined that it “may and must be followed — applied, honored, obeyed, enforced, carried out — by anyone whose job it is to figure out whether someone is legally qualified to office.”
This could include state election officials, state legislatures and governors, Congress, the White House and state and federal judges.
“The bottom line is that Donald Trump both ‘engaged in’ ‘insurrection or rebellion’ and gave ‘aid or comfort’ to others engaging in such conduct, within the original meaning of those terms as employed in Section 3 of the 14th Amendment,” they concluded.
The article provides a foundation for lawsuits debating the “vital constitutional issue” that could end up before the Supreme Court, Paulsen told the Times.
cannabineer
Ursus marijanus
Trump doesn't need to be convicted to be disqualified from even running for office and can be kept off the ballot on the state level as well as federal. If federalist society says so, then federalist society judges and justices will agree with it, and they are all republicans. Even if Trump won the republican nomination and avoided jail, he would still be disqualified from office.
Trump Is Disqualified From Holding Office, Conservative Law Professors Argue
Two constitutional law academics determined that the Constitution bars Trump from becoming president again due to his role in the Jan. 6, 2021, insurrection.
Trump Is Disqualified From Holding Office, Conservative Law Professors Argue
Two conservative law professors argue that Donald Trump is ineligible to serve as president again due to a section of the Constitution that prohibits anyone who has engaged in insurrection from holding office.
William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas explain their conclusion in an article set to be published in the University of Pennsylvania Law Review. The constitutional scholars, both active in the conservative Federalist Society, studied the question for more than a year, according to The New York Times.
“When we started out, neither of us was sure what the answer was,” Baude told the Times, adding that they engaged in the research to settle “an important constitutional question.”
The answer, according to Baude: “Donald Trump cannot be president — cannot run for president, cannot become president, cannot hold office — unless two-thirds of Congress decides to grant him amnesty for his conduct on Jan. 6.”
The provision they studied is Section Three of the 14th Amendment, which states that any person who took an oath to support the U.S. Constitution and then “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof,” is prohibited from holding any government office.
The ban can be lifted only by a two-thirds vote by each House of Congress, according to the provision.
The 14th Amendment was adopted in 1868, in the wake of the Civil War, and is most noteworthy for extending civil and legal rights to formerly enslaved people.
Baude and Paulsen noted that Section Three of the amendment was designed to address a specific problem that arose after the Civil War. Southern states sent men who had violated their oaths to the Constitution by supporting secession to serve in Congress after their defeat.
“Fast-forward a century and a half,” the academics wrote. “The events surrounding efforts to overturn the result of the presidential election of 2020 have sparked renewed scholarly, judicial, and political interest in Section Three of the Fourteenth Amendment.”
Despite facing dozens of charges from three felony indictments, Trump remains the front-runner for the 2024 Republican presidential nomination.
He was charged earlier this month over his attempted coup after the 2020 election, which culminated in a riot on the U.S. Capitol on Jan. 6, 2021, carried out by supporters seeking to stop the certification of electoral votes.
“This was undoubtedly a serious assault on the American constitutional order. Not since the Civil War has there been so serious a threat to the foundations of the American constitutional republic,” Baude and Paulsen wrote.
The professors explored the provision at length, parsing whether Trump violated it, and how it could be applied and enforced. They concluded that Section Three is “legally self-executing” and its “disqualification, where triggered, just is.”
As far as enforcement, the authors determined that it “may and must be followed — applied, honored, obeyed, enforced, carried out — by anyone whose job it is to figure out whether someone is legally qualified to office.”
This could include state election officials, state legislatures and governors, Congress, the White House and state and federal judges.
“The bottom line is that Donald Trump both ‘engaged in’ ‘insurrection or rebellion’ and gave ‘aid or comfort’ to others engaging in such conduct, within the original meaning of those terms as employed in Section 3 of the 14th Amendment,” they concluded.
The article provides a foundation for lawsuits debating the “vital constitutional issue” that could end up before the Supreme Court, Paulsen told the Times.
An interesting opinion from that bastion of illiberal opinion: the Federalist Society.
A conservative case emerges to disqualify Trump for his role on Jan. 6
Two law professors active in the Federalist Society wrote that the original meaning of the 14th Amendment makes Donald Trump ineligible to hold government office.www.seattletimes.com
DIY-HP-LED
Well-Known Member
The most important part is that it is the federalist society and Mitch has been loading up the bench with them, not magats for the most part. The liberal justices are likely to agree, it won't come to that, but it is a back stop, just in case...
BudmanTX
Well-Known Member
keep in mind the federalist society is actually connected to the knights of malta (and that where it really get weird)
DIY-HP-LED
Well-Known Member
The federalist papers spell out their political philosophy, it is called Madisonian representative democracy for a reason, Hamiliton and Madison authored the federalist papers under the pseudonym Pubis. America is a democratic republic, not all republics are democratic or liberal with independent courts. Russia is technically a republic and North Korea calls itself one and magats claim America is a republic, ignoring the democracy in electing the representatives and the fact they vote democratically. It takes more than majority rule to make a liberal democracy however, it takes a constitution, independent courts and a free press among other institutions and above all, the consent and confidence of the people. We can see this play out in Ukraine, between the two state systems of liberal democracy, accountable to the citizens and the Russian corrupt authoritarian system with no real rule of law and a corrupted political system. It is reflected in the performance and morale of the armies and the grassroots support of the citizens who believe in their cause and are united. When the war began a half a million Russian men left to avoid the military while in Ukraine a half a million men left good jobs abroad to go home and volunteer to fight or help.
DIY-HP-LED
Well-Known Member
Just saw on TV the Judge said the more Trump squawks about the case and threatens in public, the faster the trial date! 
If he wants to try the case in public, it will be tried faster in court...
If he wants to try the case in public, it will be tried faster in court...
BudmanTX
Well-Known Member
while true, but when the federalist society has a member like Lenoard Leo on it board...it turns in into a whole different direction
cannabineer
Ursus marijanus
BudmanTX
Well-Known Member
Just saw on TV the Judge said the more Trump squawks about the case and threatens in public, the faster the trial date!
wow!!!
just keep talking shit ....the closer the date will be
DIY-HP-LED
Well-Known Member
A typo
cannabineer
Ursus marijanus
DIY-HP-LED
Well-Known Member
DIY-HP-LED
Well-Known Member
DIY-HP-LED
Well-Known Member
Donald is gonna hate this judge bigly! She is setting him up for a cell, if he doesn't STFU! Time to get Kevin's house to impeach her!
She is setting him up for a cell, if he doesn't STFU! Time to get Kevin's house to impeach her!
DIY-HP-LED
Well-Known Member
Meanwhile back at the ranch... Cannon needs to take notes from the DC judge who will be finished and have Donald locked up before she even begins her trial. On the upside, when Donald appears at his trial he will be in federal custody and dressed in orange. The Georgia trial will be big and complex, so there is a good possibility Donald will be appearing there in orange for a nationally broadcast TV trial while in federal custody sometime before the election in 2024.
cannabineer
Ursus marijanus
I imagine DOJ is storing his indiscretions for future useDonald is gonna hate this judge bigly!
