per Alan. Very smart guy.
The 14th amendment argument. Btw Alan Dershowitz is over 85 and sharp as a fucking TACK!
Laurence Tribe Is just trying to sell books and get famous.
per Alan. Very smart guy.
per Alan. Very smart guy.
not for the reasons Dershowitz has argued. When the Section 3 argument first became public, he argued in his podcast that Section 3 applied only to civil war elected officers and had no validity today. But the Section 3 text alone shows that is wrong- it provides for disqualification for either an “insurrection” or a “rebellion.” The civil war cannot be both – so clearly the drafters intended to cover something more than the civil war.
Now he has backed off that a bit and has joined the “let the voters decide” camp and claims that secretaries of state cannot determine ballot access. But Section 3 is a disqualification provision no different than the Article II presidential qualification provisions. Can voters decide to elect a 34 year old president? Obviously not. Is this un-democratic? No. Who determines if a 34 year old should be on the ballot? The Secretary of State. Same for Section 3. So Dershowitz is dead wrong here. But they need a constitutional standard to do this.
Meanwhile the Florida lawsuit filed by a clueless tax attorney has been dismissed for lack of standing. The Colorado lawsuit removed to federal court will soon be dismissed for lack of “ripeness,” standing, and/or because it seeks an advisory opinion- Trump has not even filed for primary ballot access in Colorado yet. So we are a long way from getting a case that actually could reach SCOTUS. SCOTUS has to tell us what a Section 3 “insurrection” or “rebellion” is before the states can determine if Trump is disqualified.
I think Trump has to file for primary ballot access and be granted or denied before a lawsuit that can reach the merits is even possible. Anything else is an advisory opinion which courts do not do.
A protest against a rigged election isn’t an insurrection, it’s free speech. A protest that Trump didn’t even attend. Trying to disqualify Trump from running is just the usual Democrat election interference, because they know if all things were equal, Trump would win in a land slide.
?? Dems ?? I thought that the 14th Amendment "Ploy" was the work of two Conservative, Federalist Society lawyers who made the case for disqualifying Trump in their paper in the Penn Law Review.
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http://papers.ssrn.com/sol3/papers.cfm?abstract_id=4532751
The Sweep and Force of Section Three
University of Pennsylvania Law Review, Vol. 172, Forthcoming
126 Pages Posted: 14 Aug 2023 Last revised: 23 Aug 2023
William Baude
Michael Stokes Paulsen
Date Written: August 9, 2023
"Abstract
Section Three of the Fourteenth Amendment forbids holding office by former office holders who then participate in insurrection or rebellion. Because of a range of misperceptions and mistaken assumptions, Section Three’s full legal consequences have not been appreciated or enforced. This article corrects those mistakes by setting forth the full sweep and force of Section Three. ..."
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http://www.seattletimes.com/nation-world/nation-politics/a-conservative-case-emerges-to-disqualify-trump-for-his-role-on-jan-6/
A conservative case emerges to disqualify Trump for his role on Jan. 6.
"Two prominent conservative law professors have concluded that Donald Trump is ineligible to be president under a provision of the Constitution that bars people who have engaged in an insurrection from holding government office. The professors are active members of the Federalist Society, the conservative legal group, and proponents of originalism, the method of interpretation that seeks to determine the Constitution’s original meaning.
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"The professors — William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas — studied the question for more than a year and detailed their findings in a long article to be published next year in The University of Pennsylvania Law Review. ..."
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Tribe (Harvard lefty) and Luttig (a major icon of Conservative jurisprudence) co-authored a piece in the WSJ and BOTH agree with the concept.
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It would seem that many Dems and Reps are in bipartisan agreement with Baude and Paulsen.
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Why would anyone claim it is (a) a "ploy" and (b) a DEM ONLY "ploy," contrary to highly publicized facts?
per Alan. Very smart guy.
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It would seem that many Many MANY Dems and Very few Reps (who are looking to get famous) are in bipartisan agreement with Baude and Paulsen.
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of Dems in trying to prevent Trump from being re-elected in what may be a huge landslide is this disqualification angle all but tells us that they KNOW if they can't keep Trump off the ballot in the swing states, then he will win.
Numerous NON-MAGA Republicans support or ACTIVELY support the 14th Amendment approach to disqualifying Trump.
of Dems in trying to prevent Trump from being re-elected in what may be a huge landslide is this disqualification angle all but tells us that they KNOW if they can't keep Trump off the ballot in the swing states, then he will win.
is "RINOS."
If you look at traditional Republican policies -- like being for free trade, against tariffs and in favor of a balanced budget, among many others -- Trump went against them and isn't a real Republican at all. He's an authoritarian and a true RINO.
how great the economy was doing under Trump. Voters are starting to remember Trump's term as "the good old days," and will see a way to get them back for themselves and their families.
Then, because of his lousy leadership during Covid, the economy tanked. Remember,"It will be gone in the spring"..Or "And then I said, supposing you brought the light inside the body, which you can do either through the skin or in some other way, and I think you said you’re going to test that, too. It sounds interesting. And then I see the disinfectant, where it knocks it out in a minute. One minute. And is there a way we can do something like that, by injection inside or almost a cleaning."
Oh, yeah, "the good old days."
Anyone who wants to go back to that is insane. And a second term would be even worse, because there would be fewer adults in the room.
Then, because of his lousy leadership during Covid, the economy tanked
Please?
Charts
Circles
Arrows
Lay out how (with the ability of hindsight even) how would you have saved the economy?
Do
Tell??
"in what may be a huge landslide?" Based on WHAT? Your own drug-addled brain?
All the polls are in a statistical dead heat.
Now go back to huffing glue.
"in what may be a huge landslide?" Based on WHAT? Your own drug-addled brain?
All the polls are in a statistical dead heat.
Now go back to huffing glue.
Going to loose then?
This is just more RTDS. For better or worse Trump has historical success on his side. Obama at best had a history of lackluster performance and real fuck up Joe has disaster after disaster after disaster after… well you get the picture.
WAIT! Actually you guys don’t! That’s the incredibly shocking part of all this. No amount of spin can hide how BAD, bad is. But you guys put a fuck ton of energy into it. 🙄
CDL was talking about the 2024 election. And so was i. What's so hard about that to understand, pinhead? You are so deeply delusional you WANT and NEED to believe Trump will win. So now you're inventing evidence of that.
Go ahead and find a poll the predicts a landslide.
Here's a list of recent 2024 Presidential polls from RealClearPolitics, a neutral site. ALL of them agree it's close to a dead heat.
CDL was talking about the 2024 election. And so was i. What's so hard about that to understand, pinhead? You are so deeply delusional you WANT and NEED to believe Trump will win. So now you're inventing evidence of that.
Go ahead and find a poll the predicts a landslide.
Here's a list of recent 2024 Presidential polls from RealClearPolitics, a neutral site. ALL of them agree it's close to a dead heat.
I don’t NEED Trump to win, all I want is the absolute insanity that we currently face to stop
as opposed to the word salad you've been smearing all over this board,