Now Missouri

factually incorrect as usual for a demofk such as you!

Stop with the disinformation shit you fkwad.

He was right. It only covered those who had previously sworn an oath to the US Constitution, and then switched sides. Those who were previously loyal to the CSA were not prohibited from rejoining the union.
 
After the Civil War they didn't want those that committed insurrection, to hold any office in the government. Amendment 14 Section 3.

They had no plans of prosecuting the hundreds of thousands of insurrectionists from the war. Because they never intended to put them on trial in order to get a conviction, is why no conviction is necessary.
1872 that was removed with the Amnesty Act. Fk learn something parrot!!

 
The precedent has been set: Insurrectionists can serve in US office.


Not if the insurrectionist held public office and took an oath to the Constitution. For example if Joe Blow the insurrectionist who's only crime was to walk through the Capitol during the Riot, who never held public office before, can not be excluded via the 14th
Amendment.
 
Not if the insurrectionist held public office and took an oath to the Constitution. For example if Joe Blow the insurrectionist who's only crime was to walk through the Capitol during the Riot, who never held public office before, can not be excluded via the 14th
Amendment.
what insurrection?
 
Again, the stupid you don't know is you!!!


Since as far back as 1796, when John Adams was vice president, the job of declaring the winner of the presidential election has been at least potentially problematic. Because when Adams was opening the envelopes that year, the winner was himself. There had been some controversy over the paperwork from Vermont, but Adams' main rival, Thomas Jefferson, said he did not wish to make a fuss over the "form" of the vote when the "substance" was clear.
The law is also clear, that any such controversy is not to be handled by the vice president (who merely counts the votes) but to congress to object to the counting of votes. With both houses having to agree to set aside the votes objected to, or to accept other votes.
 
2. Which court is reviewing? ME? Appeals? Or is she waiting for the USSC opinion?

Depends on which state.

In Colorado the ruling from the Bench Trial Judge was appealed to the CSC that ruled against FPOTUS#45. That decision has been appealed to the SCOTUS.

In Maine FPOTUS#45 has appealed the SOC decision (which was stayed pending an appeal) to the District Court for review and you can expect to see a Bench Trial for that. That decision will be appealed to the Maine Supreme Court. Whether it can be appealed to the SCOTUS will depend on timing and how the SCOTUS rules in the Colorado case.

3. Correct, the question of insurrection was never determined via due process. Innocent until PROVEN GUILTY.
The president and vice president are elected as the head of US Federal government. If there is an insurrection it would be against the president, there is no fucking way that the Founders thought that the president could revolt against his own government. Which is why the president is not called an "officer".

Again you are attempting to apply a criminal standard to a civil action.

FPOTUS#45 did receive Due Process.

There was a court proceeding, a 5 day Bench Trial before the trial court Judge. FPOSTUS#45 fully participated. When the court ruled against him, he appealed to the CSC and his lawyers again participated in the proceeding. Just because a court ruled against you does not mean that Due Process wasn't followed.

And just to be clear. There are two types of Due Process:
  • Substantive Due Process - applicable in criminal cases, and
  • Procedural Due Process - applicable in civil and administrative cases
A decision whether someone is qualified or eligible to appear on a ballot is a civil application of Due Process, not a criminal one.

And as Justice Gorsuch said in Hassan v. Colorado:

1704729856713.png


WW
 
The law is also clear, that any such controversy is not to be handled by the vice president (who merely counts the votes) but to congress to object to the counting of votes. With both houses having to agree to set aside the votes objected to, or to accept other votes.



It's the problem with flagrant double standards, all you're saying is you have no standards. You're just self-absorbed and believe whatever benefits you the most, like spending other people's money, magot
 
The essential issue though, is what is the legal standard for that? Is it conviction of a federal crime of Insurrection? What is it? Thats what SCOTUS will decide. I imagine they will determine that there needs to be a conviction of a federal crime for that or citing the 14th Amendment, or Federal legislation setting something up to determine, which has not been done.

Agreed in part, disagree in part.

I fully expect the SCOTUS to punt on the two core questions:
  • Did FPOTUS#45 engage in insurrection under the 14th Amendment, and
  • Is the President and Officer under the 14th's provision of "any office, civil or military, under the United States"
Personally I believe they will punt the decision and try to rule that the case is not "ripe" because it's a primary for a political party and that to be "ripe" the case must involve the General Election. Hoping that FPOTUS#45 isn't the GOP nominee for the General rendering the case moot.

WW
 
The 14th sec 3 only required evidence. Those that wrote it, had no intention of requiring a conviction. Only evidence of their participation.
However I believe SCOTUS has instituted a framework in previous cases, that the 14th requires enabling legislation, but I could be in error.
 
factually incorrect as usual for a demofk such as you!

Stop with the disinformation shit you fkwad.
"...except Senators and Representatives of the thirty-sixth and thirty-seventh Congresses, officers in the judicial, military, and naval service of the United States, heads of departments, and foreign ministers of the United States.[6]
 
The precedent has been set: Insurrectionists can serve in US office.



Of course they can. The Confederate in your link assumed office in 1913, the Congress passed the Amnesty Act of 1872 with the required 2/3rds majority (per A14S3) in each chamber to restore the eligibility to hold office to members of the Confederacy previously barred.

WW
 
Agreed in part, disagree in part.

I fully expect the SCOTUS to punt on the two core questions:
  • Did FPOTUS#45 engage in insurrection under the 14th Amendment, and
  • Is the President and Officer under the 14th's provision of "any office, civil or military, under the United States"
Personally I believe they will punt the decision and try to rule that the case is not "ripe" because it's a primary for a political party and that to be "ripe" the case must involve the General Election. Hoping that FPOTUS#45 isn't the GOP nominee for the General rendering the case moot.

WW

Here you go, and welcome to America! The Constitution is clear. To your first question, it's irrelevant. The question is if Trump has been CONVICTED of treason, and the answer it no. That also answers your second question.

It's called the Constitution and guarantees ALL Americans (even Trump) of innocence until proven guilty and due process.

Where are you from they don't have those? Russia? China? North Korea?
 
Well by that standard anyone can be accused and convicted without a trial.
This Trump cult thug is actually trying to pretend that not being allowed to run for president is the same as being criminally convicted and sent to prison.

Even John Adams defended the british which was very unpopular. You people are very scary.
You're actualy not as stupid as you pretend to be. You use your pretend-stupidity as justification to be violent or to send your opponents to TheGulag, something that authoritarian thugs have done throughout history.

What, little fascist loser, you thought it wasn't obvious?
 

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