The 14th Amendment is not self-executing, said the Supreme Court, as expected in this corner. The spotlight now turns to the immunity case. I offer some thoughts.
Please consider the US Supreme Court ruling on the On Writ of Certiorari to the Supreme Court of Colorado
A group of Colorado voters contends that Section 3 of the Fourteenth Amendment to the Constitution prohibits former President Donald J. Trump, who seeks the Presidential nomination of the Republican Party in this year’s election, from becoming President again. The Colorado Supreme Court agreed with that contention. It ordered the Colorado secretary of state to exclude the former President from the Republican primary ballot in the State and to disregard any write-in votes that Colorado voters might cast for him.
This case raises the question whether the States, in addition to Congress, may also enforce Section 3. We conclude that States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency.
Permitting state enforcement of Section 3 against federal officeholders and candidates would raise serious questions about the scope of that power.
Any state enforcement of Section 3 against federal officeholders and candidates, though, would not derive from Section 5, which confers power only on “[t]he Congress.” As a result, such state enforcement might be argued to sweep more broadly than congressional enforcement could under our precedents. But the notion that the Constitution grants the States freer rein than Congress to decide how Section 3 should be enforced with respect to federal offices is simply implausible.
The “patchwork” that would likely result from state enforcement would “sever the direct link that the Framers found so critical between the National Government and the people of the United States” as a whole.
For the reasons given, responsibility for enforcing Section 3 against federal officeholders and candidates rests with Congress and not the States. The judgment of the Colorado Supreme Court therefore cannot stand. All nine Members of the Court agree with that result.
Flashback February 10, 2024
I got this one correct and for the correct reasons. Please recall Expect a Supreme Court Ruling 9-0 or 8-1 in Favor of Trump, Then What?
Narrow Grounds Q&A
Q: Will the Supreme Court allow a mess in which states get to decide to knock a president from the ballot? If they did Texas would find an excuse to block Biden.
A: NoQ: Does the Supreme Court want to get entangled in whether or not Trump was involved in an insurrection?
A: NoQ: Does the Supreme Court want to stop all this state nonsense in a unanimous or near-unanimous ruling?
A: YesQ: What is the easiest way?
A: Confirm the 14th amendment is not self-executing.The court will not touch the question of whether there was an insurrection. The Supreme Court will not want to go on a fact finding mission. It will shy away from will stay away from that argument like it had an extremely contagious, deadly disease.
Nor will it touch the question of whether the president is a “officer“ as defined in the 14th amendment. There is no need to.
For Colorado to prevail, Trump needs to be guilty of an insurrection, be an officer, and the 14th amendment needs to be self-executing.
But the court will rule the 14th amendment is not “self-executing.“ It requires an act of Congress before any state can do anything. So, unless there is an act of federal Congress, and there won’t be, no state can keep anyone off a ballot on the basis of the insurrection clause.
That’s the easy way out to get everyone on board.
Then What?
Anyone who expected the court to get entangled in the definition of insurrection or other grounds of states disallowing candidates was mistaken from the beginning.
This one was a cake walk.
Trump will win this easily, likely unanimously, but that is not the end of Trump’s problems.
Is Trump Guilty?
Here’s the problem: The issue is not whether you think Trump is guilty. Rather, the issue is whether the prosecution can convince a D.C. jury that Trump is guilty.
D.C. is not the friendliest of places for Trump to face trial.
Can the prosecution convince a D.C. jury that Trump tried to remain in power despite losing the election?
Like it or not, it’s possible, if not likely, Trump gets convicted in D.C.
How did I get that correct?
I confess.
I have a constitutional expert friend who has argued cases before the Supreme Court.
Immunity Case Update
The Supreme Court has since agreed to hear the immunity case.
This is an extremely political case and therefore difficult to predict, but there is better than even chance the Court will affirm the lower court decision.
If so, Trump will head to trial.
Remember, this case was to go to trial March 4. Now it appears the trial will be August or September.
Expect a verdict in September or October. That means there will be less time for people to forget about it before the election.
This could be the ultimate October surprise. Expect fireworks one way or another.
The Colorado Court had their blue behinds spanked red.
SCOTUS unanimous vote highlights the absolute lack of constitutional legal knowledge by the Colorado Court. Astute attorneys, that lost their case in this Court, should demand a retrial. The retired Colorado RINO, that brought the specious litigation, should be held responsible for court fees.
What if no candidate wins 270 electoral votes?
What if no candidate wins 270 electoral votes? | The Hill
If no candidate receives a majority of electoral votes, the Presidential election leaves the Electoral College process and moves to Congress. The House of Representatives elects the President from the three (3) Presidential candidates who received the most electoral votes. Each State delegation has one vote and it is up to the individual States to determine how to vote. (Since the District of Columbia is not a State, it has no State delegation in the House and cannot vote). A candidate must receive at least 26 votes (a majority of the States) to be elected. The Senate elects the Vice President from the two (2) Vice Presidential candidates with the most electoral votes. Each Senator casts one vote for Vice President. (Since the District of Columbia is has no Senators and is not represented in the vote). A candidate must receive at least 51 votes (a majority of Senators) to be elected. If the House of Representatives fails to elect a President by Inauguration Day, the Vice-President Elect serves as acting President until the deadlock is resolved in the House.
ZH: “House Dems Implode Over Supreme Court Decision; Raskin Crafting Legislation To Bar Trump From Ballot”
Democrats hate democracy.
No. Can’t you see they are “saving” democracy. 😉
Thetenyear, surely you jest 😂
Raskin has as red a diaper as you’ll see outside official CP dynasties. Father was cofounder of the Marxoid Institue for Policy Studies, loaded with Castroites including Saul Landau and Orlando Letelier. This pink apple didn’t fall far from the tree.
Are you not entertained?
Now uninstalling Biden Virus ██▒▒▒▒▒▒▒▒▒ – 20% complete
Trump Security Fix ▒▒▒▒▒▒▒▒▒▒ – 0% complete
Good for the Supreme Court. Bad for Colorado, New York and all the other states trying to take down Trump. I’m done with these states. No more trips to Colorado. Had to travel through NY state last week and will again next week. I purposely waited to spend money after I left New York.
The Dims have printed a hundred million mail in ballots just in case. The proven routine is to stop counting ballots nation wide at 1AM, truck in the mail in ballots, and announce the results the next morning.
“Fool me once, shame on you. Fool me twice….um…won’t get fooled again.”
Quit the nonsense. Republicans haven’t won a popular vote for President for decades.
They’re old and dying off and the Orange Mussolini wannabe just makes it worse.
I believe MORE people would vote for a Dead Ronald Reagan, than either of these jokers, if Ronnie were on the Ballot.
If the two political parties weren’t putting out “ fossilized microwaved garbage” for both their candidates,
EITHER could win in a landslide.
Unfortunately it’s been decades of reheated Shite on a Shingle that bootlicks to whomever is mildly more popular with their party’s base.
As independents we’re unfortunately amazed that these Doo-Doo sandwiches of candidates keep getting served up.
Channeling Chris Farley in Tommy Boy…
“For The LOVE of GOD!!!…Give Us a Real Candidate!”
of course people would ‘vote for a dead Ronald Reagan’ ! Out of nostalgia for the good old days when the US was still a respectable nation in comparison with the degenerate cesspool it has become in recent years …
Trump Derangement Syndrome on full display. Seek counseling 😁
I’m not old and dying, well I don’t get to decide that. A millennial here and will vote for Trump a third time.
I disagree with your claim that the Rs have not won the popular vote for president in decades. On real votes Trump won but was defeated by millions of fraud votes for the FJB.
Other than that I agree. A candidate like Tulsi would easily win most moderate Dem votes as well as the centre ground and a candidate like Vivek would win most Republicans and anyone concerned about the debt problem. And for me the perfect candidate for the Rs is Candace Owens as a young black Christian conservative female who wasn’t born to wealth and ticks every box.
But you are stuck with what you have so between the 2 Trump is much better
DO THEY DARE consider blocking Trump when half of our country is PRO-TRUMP. They do not want PITCH-FORKS in Washington DC. I am guessing this will die and be considered part of my Entertainment package for the FALL.
VOTING & the election Cycle is simply entertainment and Trump is my favorite Comedian Politician. Biden appears to have no SOUL or SENSE OF HUMOR.
NOT even close to half the country is “Pro-Trump”. 45% of the country now marks themselves as Independents and growing.
More than half the Republicans (not to mention Independents) that did vote for Trump Vomit in their mouths if they pull that lever.
There’s a VERY LOUD and foolish minority that screams for trump. The rest are hoping he’ll die of natural causes soon. Or end up in jail, so they have an excuse to vote for almost anyone else that’s a Republican.
Term Limits, Campaign Finance Reform and getting the parties out of controlling the elections are ALL needed Yesterday.
As an Independent I am absolutely disgusted that we have 330 MILLION people in this country and we have a (Non)-Reality TV buffoon and someone older than Moses as our two embarrassing choices. What the Heck is wrong with these parties?!?!
I guess if Orange Mussolini winds up in jail, maybe Haley becomes the nod for the Reps but I doubt it unless it happens in the next couple of months.
That’s right, babe, if you hate a candidate hope he dies (attributing the wish to others) and then talk about the other guy’s fascism. If the topic weren’t a little serious, you would be funny.
On a more serious note, if we want to worry, we might look at the leaked German war schemes and wonder if the U.S. will survive NATO long enough for an election and inauguration.
It didn’t have to be leaked. These people really are that stupid –
~ 1 minute in –
‘It’s done,’ Liz #Truss messaged #AnthonyBlinken seconds after #NordStream explosion. Go figure – YouTube
You don’t need to be James Bond, Gene Hackman or a former Radio Shack boomer customer to find out what is going on these days.. Beerbock will do a 360 degree check on the matter.
It was a message.
Haley is a stealth Democrat.
This is a correct ruling. On one of the prior threads here on this subject, I posted the article below, which posited that only Congress had the standing to invoke and enforce the 14th Amendment. And the odds of Congress taking any such action against Trump is a big fat ZERO.
—–
What the Supreme Court Should Not Do in Trump’s Disqualification Case
Jan. 5, 2024, 5:26 p.m. ET
By Gerard N. Magliocca – Mr. Magliocca has researched Section 3 of the 14th Amendment extensively and is the author of two legal papers on the provision.
Many Americans are convinced that the disqualification of Donald Trump from Colorado’s primary ballot is a terrible idea and want the Supreme Court — which agreed on Friday to take up this question — to find a way to let the former president run. Mr. Trump’s supporters are eager to vote for him and argue that his exclusion from the election would be anti-democratic. Some of Mr. Trump’s opponents are just as eager to see him thrown in prison but believe that throwing him off the ballot would set a more dangerous precedent.
What unites these two sides is their unwillingness to ask Congress to exempt Mr. Trump from disqualification or admit that they want him to receive special treatment.
…
link to nytimes.com
Hopefully the 9-0 ruling ends these shenanigans about who can and can’t appear on the ballot. The voters should be deciding, not courts and not politicians.
One thing that strikes me about all the Democrat attempts to disqualify Trump is that it should put to rest for all the most feverish conspiracy theorists that the election was stolen by nefarious means. Because if it was, there would be no need to go through all these attempts to keep Trump out of the upcoming election for fear that he might win. They could just steal the election again to deny him the presidency.
WAY too Logical a line of thought for the Tinfoil Hat crew. But I applaud your line of thinking!
Absolute non-sequitur. The use of the one method doesn’t preclude the other.
It doesn’t. But why do twice the work at who knows what cost when you already have proven working method.
Just because they failed to kick him off the ballot doesn’t mean that they don’t have a plan B or a plan C ready to go. Bankrupt him or get him busy trying to save his assets from Lawfare in NYC, fund rivals like Nikki, push voting by absentee ballots to make a repeat of 2020, print up extra ballots to swap at 2am during counting. How about get Google and the other MSM to mess with things such as reportedly getting 6 million votes for Biden in 2020 through messing with algorithms, banning the truth as disinformation, shadow bans, ghosting etc.
Or go old school with another Dallas “lone shooter”
I would say it’s a given that no matter who wins the next election the losing side will say it was stolen.
The DNC and RNC still rig the state primaries from independents and 3rd parties with obscene signature vote requirements. CA needs like 300k signatures and they keep moving the goal post
The primaries are for the DNC and RNC. They are deciding who they will run in the general election. Now, one might wonder why state governments pay for the primaries or are even involved.
We’re all so bamboozled we can’t see an insurrection attempt even while watching it unfold on TV.
“Insurrection”…LOL…
Have YOU not noticed that Byeden has been dealing with and his family is PERSONALLY benefitting from side-deals w/China???
Then, there is the country’s embarrassment about Hunter and all of his unmentionable crimes….
No, we saw it…just needs to go through the courts the proper way.
Doubt that the Dems “see” it!
IF they EVER did, they would pursue it through the courts instead of ignoring it.
LOL!
There is no way to audit elections. And not recounts. Actual audits, like the kind damn near all companies do annually and even quarterly. Without them it does not matter who is or is not on ballots.
Americans will get more of the same until the above changes. More illegal aliens, more crime, corruption, wars, debt, inflation and a legal system that makes a mockery of justice and the rule of law.
Yep! Absolutely correct!
Until the “hackable” software/hardware is removed from state and fed processes, voting is subject to producing results by their “handlers”.
Personally, I believe that great changes are VERY quickly approaching that will neutralize the political interventions of bad “handlers’ of the systems – in time for Prez elections.
Rumored “QFS/ QVS” systems would RESTORE the 1 LEGAL person = 1 LEGAL vote.
YAY!
The powers WANT it hacked. THEY DO NOT CARE about ELECTION audits because they KNOW no one can check them correctly. IT IS EASY to fake votes. It is electrons.
You’re late for your wacky QAnon snack time. Get your meds and you’ll feel better soon.
And, you must have missed all the articles on Dominion products that hack the systems – worldwide.
Nice try. But more of US now know the truth!
Even the black female justice who doesn’t know the difference between a man and a woman sided with The Donald.
1) what if Maine or Colorado still refuse to put Trump on the ballot, ignoring the supreme court. Will Biden, if elected, becomes an illegitimate president, that has to be impeached.
2) What if Trump has a criminal record, before or after the election. If elected, will he
become an illegitimate president that has to be impeached.
First, Trump’s name was already printed on the CO ballots and sent out ahead of this ruling.
Secondly, Trump is not a criminal – and even if there are illegitimate rulings by politically “motivated” judges, it all becomes mute because of Presidential immunity.
1) What about Maine.
2) What about a criminal conviction before he is sworn in as a president On Jan 20.
Good grief!
Pay attention.
All sitting Presidents can pardon and IF there is ridiculous, political antics in the interim (Where is Congress and Justice when Byden and Obama are still “running free”???), they can appeal and nullify.
IF any of this happens, watch for TRUE justice to start working on the past (and current) behaviors of HRC, O and Byeden.
Bots should be able to SPELL better. Get off the internet.
Truth hurts, eh?
Maine’s vote would be invalidated probably.
Trump does not need to be a criminal to be voided and that will happen with the Vote Counting as it was the LAST TIME.
NO, I do not vote and do not care because I know that no one represents the people in this parade called VOTING or REPRESENTATIVE republicanism.
So…you missed all the VIDEO PROOF of Dems stuffing the ballot boxes w/duplicate votes?
And, YOU missed that the bumbling fool who hid out in his basement and has since wrecked our economy and embarrassed our country because of his Dementia and direct corruption w/China, actually WON last time.
LOLOLOL!!!!
Bingo!
Trump has been and always will be a criminal. He makes up lies everyday he speaks. He’s TOLD people in his book how he CHEATED people out of money. He’s a buffoon who should have arranged a deal just like Nixon, got a pardon to just leave and this circus would have been over three years ago.
I’m NOT a Democrat nor a Republican, so I don’t have a horse in this race, except I don’t want a corrupt Orange Mussolini wannabe trying to become a Dictator in MY Country.
Half these judges were appointed by the Bad “Reality TV Loser”, who cheats on his wives, pays Hush money to cover it up…then claims he’s a conservative Christian to Pander to Voters.
Nah, he’s probably going to jail and probably deserves it…and the Republicans STILL don’t have a good candidate to replace him.
Got to be the most embarrassing Clown Show of a party I have ever seen.
Be better and go find the next Reagan…NOT the next Richard Nixon.
I agree, the immunity case is big. I for one would like to see a big reining in of presidential power. Don’t really care how it affects Trump
The reduction of presidential power and the return of power to congress is the correct answer. Congress shifted their power, and ultimately their responsibility to the executive branch over the past few decades. This permits them to avoid unpopular decisions and hold onto their precious trading seats, er uh, legislative seats.
Me neither. He proved that he did not mean it when he was elected. NONE OF IT help up. The presence of that Mustached Fool/corrupt being, John Bolton, was enough for anyone to know that the Neocons are in charge.
1 for 1 but the next one is going to be a REAL SURPRISE !
If they open the door to No Presidential Immunity . . . All Hell is going to break loose and every Future President will be accountable for anything they do . . .
Get ready for the Fireworks . . .
I think SCOTUS will conclude the US Constitution grants CONGRESS the power to enforce any law POTUS breaks while in office. Otherwise, as you say, once POTUS leaves office, he can spend the rest of his life defending himself in court.
Silly Person!
Congress is MUCH more in hiding about HOW THEY are seemingly “ordinary” people that suddenly become HUGE, MULTI-MILLIONAIRES, overnight, once they are elected to Congress.
Take a look at the SUDDEN ENORMOUS wealth of the kids of the major political figures (like Hunter; Pelosi’s kid, Romney’s kid, John Kerry’s kid, etc.)
LOL!
And, the LAST thing that Congress wants to do is start looking at the “antics” / ethics of the Byeden and O and the Bushes…
LOL!
Who do you think put these “judges” in to office???
NO ONE is accountable. Are you smoking the good shit?
They’re already NOT immune. That’s why Nixon stepped down in exchange for a Pardon.
People acting like this is even a question is absurd.
Trump is just too crappy at negotiating and too delusional to understand that most people don’t like or want him as their president or their dictator.
Sorry they are not SIDING with Trump! They are upholding our Constitution! 😁
Mark my words and this post:
Donald Trump will become President this election 2024.
The stupidity of the Democratic party knows no bound.
Gold seems to be taking off. Perhaps people are wising up to the effects of reckless government spending.
SCOTUS remains the wisest branch of the government.
I can see a split decision based on the reason Congress, through impeachment, is the Constitutional method to remove a President for actions occurring while in office.
Except that presidential immunity for official acts while in office SHOULD be immune from future prosecution. The presidency is a unique office in our government, and it is embodied in ONE person at a time. A president, by act alone, acts presidentially, subject ONLY to removal from office by impeachment and conviction. Its a tough trade off, but essential to a functioning presidency.
The supreme court MUST uphold immunity for presidential acts…. If they do not, we will have a MAJOR problem, and every president providing themselves and all their staff with blanket pardons upon leaving office. “I hearby pardon myself and …. for any and all actions from Jan20,xxxx through Jan 20,XXXX” Done
How is the outcome any different from making them immune from prosecution for acts while in office? I’ll answer. It isn’t. It’s the same exact thing.
Presidents need more scrutiny and a higher expectation to act within the law not less. I think we need lots and lots of politicians cooling their heals in prison including our last several presidents at least. Illegal domestic spying alone should result in life in prison.
I’d be happy if presidential power was limited. No more executive orders to override laws. No more wars without approval of Congress. And also the right of the president to pardon anyone should be limited with anyone the president thinks should be pardoned having it approved or rejected by either the Supremes or Congress but any rejection of approval should only be on strong grounds.
Nonsense. Nixon RESIGNED and got pardoned because he was GOING to JAIL otherwise.
Wiretapping the Political Opposition is NOT an Official Act done in the Service of the Country.
NEITHER is Starting / Fomenting / Encouraging or Not Stopping an attempted Insurrection.
The President can do MANY Illegal things while in Office and it’s probably AFTER Office that he gets caught / prosecuted.
The Previous Governors of Illinois has been caught MANY times in the past and more than one went to jail.
Same thing…different scale.
Quit doing illegal shite.
It’s was clear from the reading of Section 5. Congress referred charges of insurrection and rebellion to the Biden Justice Department which declined to press charges. Insurrection and rebellion are federal crimes and crimes require a trial and conviction.
End of story.
Like Al Capone, he’s going to jail for the many other things he’s done wrong…not the worst things, the ones they can prove in Court.
Capone didn’t do time for murder, or bribery, he went for what they could prove.
Trump loves America and Americans. That’s a crime nowadays to the left who don’t believe in freedom
I don’t really like Trump, but I think he will enter next term a whole lot wiser about the swamp than in 2016. But what the network of lousy commie dems have been doing to him warrants jail time for them all!
And, there are more severe penalties prescribed by law for treason. Time to put a spotlight on both Biden and Obimmer’s behaviors and expect justice!
Article 3, section 3 of the US Constitution: “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.” (Notice the word “them”, implying that the states are in the plural – the original intention of the framers. If it meant the country as a whole, it would have said “it” rather than “them”.)
I have a serious dislike of both Biden and Obama as well, but where is the treason under the definition in the US Constitution? And do you have two witnesses (also mentioned in that section) who can testify in open court about such treason? I don’t care what people think or feel about the actions of any president, there is only one that I can think of who actually did commit treason – Lincoln when he levied war against the southern states (again, refer back to the constitutional definition of what treason is).
I think people are throwing that treason word around far too much so that it loses its meaning and effectiveness.
And, have you not read about the Constitution’s definitions of crimes against humanity – and more?
This is WAY bigger than just seeing which “party” is in power.
BOTH major parties are corrupt.
P.S. Recommend that you see what “actions” and military tribunals have been going on recently, especially at Gitmo.
They have been VERY busy – especially during the last several years and expanded/added 40k more cells – that have been full, and most, fairly quickly “emptied” after legal tribunals.
Utter nonsense. S. Carolina / Confederate forces fired on a United States Fort…creating an Insurrection.
I’m from the South and even I know that…
Orange Mussolini Wannabe is likely going to jail for trying to overturn the election. He’ll continue to lose Civil Cases too.
I can’t wait for Trump 2.0. He will give Lame Duck a whole new meaning. Let’s gooooooooo.
Quit the nonsense. 45% of voters now name themselves Independents after this Clown Show by a failed reality TV buffoon.
If he’s not already in jail by November, he’ll just Lose AGAIN like he did in 2020. The wackier he gets, the more people who DON’T have to or want to suck up to him will vote him down.
As an Independent I am actually embarrassed for the Republican Party.
Less than 40 years since Reagan left office and this Dumpster Fire is the best they can do?!?!
Absolutely pathetic.
Neither party is doing anything well but this is a new low for Reps.
LOL!
Think you are just a Dem troll living in a bubble!
You don’t have to LIKE a leader to vote for them.
Just need to have the skill set to look at their leadership abilities.
At least under Trump, the U.S. economy SOARED, gas prices went down, unemployment went down, NO NEW WARS, our military was repaired, we became a country that was an oil EXPORTER and generally, the world was on a path to heal.
Now, with the Byeden group, they may have earned the title of WORST admin in U.S. history.
Our borders are a mess, the economy is a mess, inflation is out of control and there are STILL Dems who would vote for Byeden???
Trump is a SUCCESSFUL business person. He happened to also have a VERY successful TV show.
He still doesn’t need to be aggravated by being Prez, but wants to help future generation become successful.
How many gazillions has YOUR ownership of businesses, produced?
(Thought so.)
Obvious troll on here…and we see you.
Spot on Susanna. Poor David is off his meds again.