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Trump kicked off Colorado ballot

The Hammer

Skald
Premium Member
Up to the states to decide what an insurrection is? Where in the world do you get that???

The Supreme Court and other conservative judges. See my above claims by former Judge Luttig.


"“Indeed, the Constitution tells us that it is the conduct that can give rise to disqualification. Namely, an insurrection or rebellion that is anti-democratic. To me, that’s about as clear as any document or Constitution could make that point,” Luttig said.

“I think it’s crystal clear, and it will be crystal clear to the American public, that it’s the Constitution of the United States that’s disqualifying the former president from higher office, if he is to be disqualified. To speak to the political warriors, it’s not President Joe Biden. It’s not the Democrats. It’s not the anti-Trumpers. It’s the Constitution of the United States,” he added.""
 

Watchmen

Well-Known Member
Premium Member
The Supreme Court and other conservative judges. See my above claims by former Judge Luttig.


"“Indeed, the Constitution tells us that it is the conduct that can give rise to disqualification. Namely, an insurrection or rebellion that is anti-democratic. To me, that’s about as clear as any document or Constitution could make that point,” Luttig said.

“I think it’s crystal clear, and it will be crystal clear to the American public, that it’s the Constitution of the United States that’s disqualifying the former president from higher office, if he is to be disqualified. To speak to the political warriors, it’s not President Joe Biden. It’s not the Democrats. It’s not the anti-Trumpers. It’s the Constitution of the United States,” he added.""
Your quotes don’t rebut my position. In fact, they support my position. States don’t individually get to decide what the constitution means. Do you understand?
 

The Hammer

Skald
Premium Member
Your quotes don’t rebut my position. In fact, they support my position. States don’t individually get to decide what the constitution means. Do you understand?

Obvs no.

Considering the Justice I cited previously stated that CO's ruling was in line with the Constitution.

Edit: “Yesterday's decision by the Colorado Supreme Court was masterful. It was brilliant, and it is an unassailable interpretation of the 14th Amendment,” the former judge added.
 

Subduction Zone

Veteran Member
Your quotes don’t rebut my position. In fact, they support my position. States don’t individually get to decide what the constitution means. Do you understand?
I do not think that anyone ever thought that it would end at a state level. States appear to have a very good case to remove someone if they violate the 14th Amendment in the primaries in their state. And probably for the Presidency as well since the states get to choose their electors. In fact states do not even have to award their electors to the popular vote winner, though practically all of them have state laws that say they have to:


But by the standards in that article it looks as if states can decide that a candidate cannot legally run.
 

Twilight Hue

Twilight, not bright nor dark, good nor bad.
So what? Once again, why haven't you checked the precedents for disqualification?
There aren't any until Trump is formally declared an insurrectionist through criminal court. Maybe you should check the due process clause in the same amendment.
 

Watchmen

Well-Known Member
Premium Member
Obvs no.

Considering the Justice I cited previously stated that CO's ruling was in line with the Constitution.

Edit: “Yesterday's decision by the Colorado Supreme Court was masterful. It was brilliant, and it is an unassailable interpretation of the 14th Amendment,” the former judge added.
Really? One person’s opinion? What happens when the Supremes reverse Colorado and you and your cite are wrong?
 

Watchmen

Well-Known Member
Premium Member
I do not think that anyone ever thought that it would end at a state level. States appear to have a very good case to remove someone if they violate the 14th Amendment in the primaries in their state. And probably for the Presidency as well since the states get to choose their electors. In fact states do not even have to award their electors to the popular vote winner, though practically all of them have state laws that say they have to:


But by the standards in that article it looks as if states can decide that a candidate cannot legally run.
States don’t get to decide what the Constitution ultimately means.
 

Twilight Hue

Twilight, not bright nor dark, good nor bad.
Cat you be sure that the court can hear the matter without prejudice?
I dunno. But its certainly a lot better in line with due process as outlined in the 14 Amendment's clause which means a formal trial with a proper jury of peers than it is with just a single judge or judges that can easily be bought and paid for by activists and or is politically biased at the start.

There was no due process in Colorado , it's more like an episode of Judge Judy if you ask me.
 

Twilight Hue

Twilight, not bright nor dark, good nor bad.
As a public service link, here's the entire trial in Colorado. Please note that it's over 2 hours long and and of course afterwards, that was that.

Of course Retuers doesn't have the guts to turn on the comments those cowards.


 

Subduction Zone

Veteran Member
As a public service link, here's the entire trial in Colorado. Please note that it's over 2 hours long and and of course afterwards, that was that.

Of course Retuers doesn't have the guts to turn on the comments those cowards.


It appears that Reuters has the comments turned off for all of their videos. It has noting to do with cowardice.
 

Ebionite

Well-Known Member
I dunno. But its certainly a lot better in line with due process as outlined in the 14 Amendment's clause which means a formal trial with a proper jury of peers than it is with just a single judge or judges that can easily be bought and paid for by activists and or is politically biased at the start.

There was no due process in Colorado , it's more like an episode of Judge Judy if you ask me.

From Black's dictionary, 5th edition:

Aside from all else, "due process" means fundamental fairness. Pinkerton v. Farr, W.Va., 220 S.E.2d 682, 687.

Prejudice is unfair, so due process only exists without prejudice. Prejudice can still exist with a jury of peers because of the inherent prejudice of the system of administration, which regards the contestants as being persons with no natural rights. Natural rights are relevant to justice, so if the the defence against insurrection involves the a goal of a just outcome then predjudice exists, which would be expressed in the instructions to the jurors as to what forms of evidence were admissable. Jurors don't get to make determinations about matters of law, that's the judge's job.
 

9-10ths_Penguin

1/10 Subway Stalinist
Premium Member
Um... you just can't just say a person's an insurrectionist outright and then conveniently kick them off the ballot on that alone.

Even though that's basically what the 14th Amendment lays out?

The eligibility criteria for President in the Constitution are pretty cut-and-dry, but if there's a question about the facts of the matter, it would go to the courts to make a ruling... as happened in the Colorado case.

I think you would need a Criminal Court to decide that first.

Based on what? Cite some actual law on this... preferably a section of the Constitution that says things work the way you're suggesting.
 
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