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Any legal debate eventually becomes mired in legalisms. Given time and scope, the debate spins out of control and ceases to be about the basic facts and instead becomes tangled in past precedent and defining terms until the cows come home.
In the real world, legislation has fairly clear intent. That’s why originalism is important. Beyond upholding the Constitution, it provides a reality check on debates like these.
The (unconstitutional) Colorado decision barring former President Trump from the ballot has unleashed a wave of debates about whether the 3rd section of the 14th Amendment actually requires conviction, whether it’s meant to be implemented by Congress and other such matters. Is it a criminal matter or a civil matter?
Please. Stop.
To state the obvious, the “insurrection clause” was meant to bar Confederates from holding public office. What an insurrectionist was, was self-explanatory because there had just been a Civil War.
For the “insurrection clause” to apply, there has to be an insurrection. That means there has to be a declaration of insurrection.
Congress and the Lincoln administration both defined and declared an insurrection. There’s been no declaration now which means, legally speaking, there’s no insurrection and therefore no insurrection clause applies.
The 14th is still a legal minefield in this regard and the ability of a president to claim insurrection is in theory an open-ended nightmare. Biden could, for example, hypothetically declare that an insurrection is underway, but he hasn’t so the point is null.
Colorado judges, random uninvolved state legislatures and Uncle Bob do not get to define an insurrection against federal authority. Only federal authorities get to declare an insurrection. Neither Trump nor Biden declared one of those.
New York, for example, could not unilaterally decide that Confederate states were in a state of insurrection. But that is what Colorado is trying to do here. States ought to usurp federal authority more often, but this is a blatantly illegal usurpation.
And the factual forest should not be lost for the legalistic trees.
Yeah, I’ve been reading about Roman Law and the Justinian Code. Hopeless for me to fathom.
This square peg in a round hole legal argument is like listening to a scratched, warped 78 record played at 33.
I don’t understand the thumbs down.
The legal argument I am referring to is the judges‘. My superficial comment consisted of two descriptions of this sham, woke mockery of justice – one, an apt cliche, and the other, a personal nostalgic memory of phonographs and the beautiful old records from the golden age of classical music recordings of Heifetz, Rubinstein and Piatigorsky.
Yes. “No borders, no walls, no America at all!” Add billions in property damage, rampant pillage, countless assaults and murders and attempts to defund police and you have a real Dirtbagocrat sponsored insurrection by BLM.
Antifa takes over part of Capitol Hill in Seattle and declares it the sovereign state of CHOP or CHAZ or whatever and you have a real Dirtbagocrat sponsored insurrection.
The illegal war against Trump is an insurrection against the MAGA majority. The Dirtbagocrat party is a criminal cartel.
We acted surprised when leftists don’t adhere to well established constitutional jurisprudence when, in reality, they not only abhor the science and practice of the law, but the Constitution itself…but therein lies their weakness.
How many (glorious) times have we watched them attempt to wrestle the law into some twisted form of submission in regards to Trump, only for him to walk away without a scratch? The best part of course is watching them lose their minds afterward and Soros gets a new scowl wrinkle, all the while Trump’s “stock” goes up.
I really can’t imagine these case(s) being any different. When the best they can do is a tortured post-civil war argument, it just means they’ve finally reached the bottom of the barrel. It is my understanding that George Soros is throwing money at this very hard in multiple states, so their loss will be even more enjoyable.
All of these ill-conceived cases are the best ad campaign Trump could ever hope for because they not only reek of leftist desperation and fear, but display openly who it is and WHY it is we must continue to fight for America.
…but don’t give the Biden team any advise Daniel, because declaring an insurrection makes this post null and void and fits quite nicely with the rest that the “great unifier” has accomplished.
TRUMP ’24
Well thought out and written. I disagree wholeheartedly with one of your points, however: The Liberals/Democrats/Marxists have NOT reached the bottom of the barrel. Just when one thinks that there is nothing lower or more debased that they can do, they come up with some bottom-feeding strategy to do away with Donald Trump and America as it was meant to be.
You’re right. After reading it again this morning, I meant to say “bottom of the barrel” of their Constitution-backed legal challenges. When they’re having to go back to the 1800’s for precedence, they’re fishing deep…but the depths of their depravity and fear are limitless.
One must be grateful for the battle Trump and his dedicated legal team are fighting to uphold and protect the country’s justice system that has been under assault from Democrats for far too long . Republican lawmakers who choose to ignore that fact and do nothing will hasten their own, and the country’s, demise.
Very well written comment. Good job.
Thank you, B. I appreciate it.
“In a democracy judges may not be trusted, as they may favor one group over another.”
There are many many judges that should be impeached for “bad behavior”
Precisely why we ‘are not’ a democracy, but rather a constitutional republic. The word ‘democracy’ is constantly being used now in place of ‘republic’ for very obvious reasons. The founding fathers were vehemently opposed to us becoming a just a democracy for good reason, because historical democracies really just meant ‘mob rule’, which has never worked or lasted in all of history.
That we so often refer to our nation and government as a “democracy” can be traced back to the 7th POTUS – Andrew Jackson. He used the word whorishly throughout his campaigns for president and his two administrations.
Yes, judges tend to be extremely corrupt, in large part because they tend to be unaccountable.
Yeah, I never realized that when I was younger.
The Democ-rat judges are building a juridical scaffold upon which to hang Donald J. Trump. They ought to read the Old Testament Book of Esther. There, a gentile named Haman weaponized the law and built a scaffold upon which to hang Mordecai, a Jew. Guess what happened. Suffice it to say that both the Democ-rat judges and Haman richly deserved their fate.
Haman was the jew, NOT Mordecai.
But the lesson is the same.
Mordecai was the Uncle of Esther LOL they both were Jewish LOL Haman was a gentile ==== try reading the Book of Esther LOL
Haman was likely a descendant of King Agag of the nation of Amalekites, inveterate enemies of the Jews and appointed to annihilation by the LORD. King Saul failed to follow the LORD’s instructions and spared Agag’s life, leaving the great prophet Samuel to hack him to death. This disobedience removed Saul from the eternal throne.
Mordecai was a Jew, the uncle of Queen Esther, both of whom were living in and under Persian rule after the destruction the Temple. Not only were they Jews, but they remain honored today for saving the Jewish people from the intended destruction planned by Haman the Agagite.
It’s easy to convict President Trump. Just ignore the Constitution, The Bill of Rights, Due Process, Assumption of Innocence, The Right to Counsel, The Right to Face Accusers etc…Then throw in prejudiced judges, criminal prosecutorial misconduct, hide exculpatory evidence, make up laws on a whim, gag orders, jury tampering, double jeopardy etc…. and Ta Da ! You have a conviction. Justice in our Nation is a myth. Welcome to the Banana Republic.
kind of like the J6 show trials
Can’t the people of Colorado sue the court or the DA’s for committing fraud. They are assigning a crime to Trump that he wasn’t convicted of in order to take away his rights. This is a textbook case for appeal but the people doing this are also committing a crime and need to be tried separately.
The use of logic, Constitutional rights, and legalities when arguing against rulings such as that is utterly and completely irrelevant when those that are implementing such rulings operate and dictate outside those parameters.
A man can argue to a grizzly bear his superiority and right to life ad nauseum, but in the end, the bear will still devour him. However, if the man uses sufficient firepower, the outcome drastically changes.
The insurrection clause also doesn’t apply without a due conviction of the crime under the law.
What makes anyone think a DEMOcrat (HYPOCRITE party) “judge” cares anything about THE LAW when it comes to PERSECUTING PRESIDENT TRUMP? At what point have they remained WITHIN the LAWS of OUR NATION? There are certainly TWO levels of “justice” and BOTH are pointed against decent Republicans! I’m 71 and have NEVER seen anything like this – it’s all so blatantly EXPOSED yet they “persist”! So what do we do? I’ve advocated for a SCORCHED EARTH Policy by PRESIDENT TRUMP when he regains his rightful place! What the DEMOcrats (HYPOCRITE party) has done should be considered an INSURRECTION or TREASON! Everyone connected should be arrested and put in the same DC Dungeon that has housed the Jan6th sightseers! Use the PRECEDENT that the D/H party established – lock them up – deny them their basic rights – let them ROT for YEARS – and then when an HONEST Judiciary is in place, try them for their crimes! If a person who walks through a door held OPEN by the CAPITOL Police can be held for YEARS without being charged or have a trial then the crimes the D/H’s have repeatedly committed should be a no brainer! The ones in the Military should face Military Tribunals for Treason! Don’t get mad – GET EVEN!! BUT, this time it will be LAWFUL and PROVEN!
The #rumpster should be found guilty of NOT having an insurrection after a stolen election. Just think open borders which can not and will not be reversed. It’s over now. They won!
Very possibly true, for sure.
To think our “opposition” Party sat by while the crooked and compromised Biden invited in between 8,000,000 and 13,000,000 future Democrat Party voters. A few said they would adjust the Biden budget to not allow the criminal invasion to continue to take place. But then, the majority of the GOP voted to continue to allow it along with Biden’s unlimited budget. This was Speaker Kevin McCarthy’s solution which, btw, broke his PROMISE to the House members of the GOP. McCarthy is a traitor and liar and part of the problem we have in DC. There is some probability it is now too late to save the Nation after years of this treasonous behavior.
You are not wrong, but, if successful, who would replace Trump? One of the dumb ass dozen? There were 12 Republicans that believed Trump couldn’t get elected, given the 4 indictments and 91 counts. They believed the Democrats and MSM. Notably absent, Mike Pompeo. Excluding the state charges, did he strongly suspect the exaggerated charges would be ineffective against Trump? If so, I hope he was quietly working with Trump. But, I doubt that. He would have been a valuable asset.
This is probably the best argument for the SCOTUS to throw these cases out. CJ Roberts is definitely of the mind to banish President Trump to a galaxy, far, far away. If Trump gets re-elected, the SCOTUS will be dealing with him after he is out of office. However, to keep Trump off the ballot means there will be an endless parade of cases that want candidates kept out of elections, for every imaginable reason. I will offer this argument and credit the author, every chance I get.
Whatever happened to the State Bars? Judges have been going completely renegade, no longer tethered to any semblance of actual law. They are obviously political as well. Who is going to rein them in? Apparently they can do whatever they want with no consequences. People vote them in having no idea who they are.
State Bars? … They’ve got fully woke. My Texas Bar Journal magazine might as well be written by the CPUSA and the ACLU in collaboration with a Soros-funded NGO …
except someone edited it to correct the grammar …
Calling what happened on January 6th an insurrection is just as crazy as calling what happened on November 3rd an election.
January 6th will be remembered as the day the government set up a staged riot to cover up the fact, they certified a fraudulent election.
The worst attack on American soil happened in the ballot boxes on November 3rd, 2020.
A stitch-up, as the Brits say.
And Bob’s your uncle.
January 6th will be remembered as the day the government set up a staged riot to cover up the fact, they certified a fraudulent election..
Well put!
I am firm believer that the judges disregarded President Trumps constitutional right to live free.
I agree that all the judges should face a trial.
Would be interesting to see how it turns out.
Would be interesting to see how it turns out.
Please comment on why Section 3 of the 14th Amendment still has any bearing at all, since the last sentence of Section 3 states “But Congress may by a vote of two-thirds of each House, remove such disability.”, and Congress has exercised that power twice, rendering the entire section void:
https://www.law.cornell.edu/constitution-conan/amendment-14/section-3/disqualification-clause
Those cleared existing Confederates. They didn’t eliminate the future application of the law.
read the whole 14th….what does the 5th section say?……keep reading Dave.
AAAAH Ha……..it says this it’s reserved for Congress….ONLY Congress can exercise the Clause.
Whether it’s reserved for Congress or not, doesn’t even matter since there was no insurrection.
All but one, I believe. Robert E. Lee. He was pardoned in 1972.
True.
Well … I think you understand the law too well.
Obviously the law is whatever a Leftist says it is.
Pardon the flippant comment, but I spent three years arguing with Lefties at law school … and it’s a waste of time and energy … not to mention perfectly good carbon dioxide. They just don’t care.
Happy New Year btw!
Hope you and yours are all safe – considering the pro-Hamas lunatics in the streets.
Thank you and to you and yours as well.
The whole dem establishment had been making noises for more than a year before the election to the effect the Trump wouldn’t accept the results. When the time came, Pelosi only had two things to do to complete the set up, turn down the National Guard and declare an insurrection. She only got one of those things done. Silly old, vodka sponge.
Nancy tried to get Insurrection declared by the Committee,,,,,but a committee cannot declare insurrection
I think your article misses the point. Article 5 of the 14th amendment gives sole power to congress to enforce…not states or state courts.
“Colorado judges, random uninvolved state legislatures and Uncle Bob do not get to define an insurrection against federal authority. Only federal authorities get to declare an insurrection.”
For the Supreme Court of Colorado to even review this never used, 150 year old law is an admission that these judges, even the ones who voted against it, were doing so for one specific purpose, to disqualify Donald Trump.
I can’t say if it’s legal or not but it is certainly unethical, not something you want in a Court of law.
Legal schmegal. They’ve got a lot of stupid voters to convince. They don’t care if it’s legal, true, fair, etc. They only care if it works and, when they’ve got the major media talking heads all parroting the magic “i” word, it just might work. If I may, cast your mind back to the mid-term election. The Dems and their lapdog media kept parroting in unison the “danger to democracy” line. Of course, objectively Biden is a far greater threat to democracy what with his executive order, refusal to enforce the law, refusal to obey Supreme Court rulings, participating as VP in the Russia hoax, etc. But stupid voters bought into the narrative and the red wave did not materialize as a result. So the fact that objectively there was no insurrection doesn’t seem to mean squat, especially to unthinking, unknowledgeable, gullible, wishy-washy independent voters.
Section 5, passed in 1870, give SOLE authority to Congress…..no one else.
The State has no power to remove anyone…..the 14th says so…….just don’t read the 3rd section and stop….keep reading.
Whether it’s reserved for Congress or not, doesn’t even matter since there was no insurrection.
The Colorado decision argued otherwise, wrongly, but the point is moot.
Now that over half of the Colorado Supreme Court has shown its Political Bias. Can we expect to see the SCOTUS now deal with any other challenged rulings accordingly in the future?.
Who cares what the Constitution says? It’s outdated and was written by a bunch of racist slave owners who prevented abortion and hung sodomites.
Just heard on the radio that Colorado is going to put Trump back on the ballot. Guess the morons who run Colorado finally realized they were in a losing battle.
I for one certainly hope that was reported correctly. Now on to Maine and the other states who are even considering making the same unconstitutional decision.
There was a Proclamation of Insurrection in 1861.
There has to be a Proclamation or a Declaration or the 14th Amendment does not activate.
I am glad to see I am not the only person who knows the obvious fact that the State Court cannot rule on Federal Law.
That is simple. There has not been any Declaration or Proclamation of Insurrection.
Really glad someone else noted that.
What do they teach in history classes these days?
Racism. That’s all they teach.
They act like democrat talking points are truth. Um…no. Just no.