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OKIsItJustMe

(21,016 posts)
30. No, that's not necessary
Fri Nov 29, 2024, 11:30 AM
Nov 29

Go back and read it:

… shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.


The Supreme Court did not question whether or not the 14th amendment applied. They said it wasn’t up to the individual states to enforce it against federal candidates.

https://constitution.congress.gov/browse/essay/amdt14-S3-2/ALDE_00000070/
In reaching its decision in Trump v. Anderson, the U.S. Supreme Court observed that Congress enjoys power to enforce the Amendment through legislation pursuant to Section 5 of the Fourteenth Amendment, and reasoned that Section 5 grants Congress alone the authority to provide for the enforcement of Section 3 against federal officeholders and candidates. The Court noted, however, that states retain concurrent authority to enforce Section 3 with respect to state offices.


The default position of Section 3 is that he cannot serve, unless it is overridden by ⅔’s majority votes in both houses.

Recommendations

0 members have recommended this reply (displayed in chronological order):

But Bannon himself is a POS. Sneederbunk Nov 28 #1
I wish DU would ban anything of bannon, he's a felon, who ripped off people, went to jail, and did his time, and will go SWBTATTReg Nov 28 #2
Ignorance of what people like Bannon are up to is not helpful OKIsItJustMe Nov 28 #3
I understand but it's helpful to know even Bannon thinks he moved the race greatly, mahina Nov 28 #4
I mean, Trump is also a felon, and it would be completely impossible to ban all mention of him. Especially now. Karasu Nov 29 #22
$$$ speak easy Nov 28 #5
There is no such thing as the department of government efficiency. Ms. Toad Nov 28 #6
Yep TimeToGo Nov 28 #7
Yep TimeToGo Nov 28 #8
Department of Government Efficiency (DoGE) OKIsItJustMe Nov 28 #9
My point is that media needs to call them on it Ms. Toad Nov 28 #10
Oh! You must be a member of the "Reality-based community!" - How sweet! OKIsItJustMe Nov 28 #12
boy, wouldn't it be great if congress bothered taking a vote on this. they won't...but it would be great if they did. nt orleans Nov 29 #16
And, if the 14th can simply be ignored, why not the 22nd as well? OKIsItJustMe Nov 29 #17
I'm very, very much afraid that's where we're heading. Karasu Nov 29 #21
That's a lot clearer n/t Polybius Nov 29 #29
That's if Congress first convicts him of insurrection Polybius Nov 29 #28
No, that's not necessary OKIsItJustMe Nov 29 #30
"The Court noted, however, that states retain concurrent authority to enforce Section 3 with respect to state offices" Polybius Nov 29 #31
It doesn't need to have been declared an insurrection. Nor does he even have to have taken par in it. OKIsItJustMe Nov 29 #33
Someone has to determine it an insurrection Polybius Nov 29 #34
Apropos of very little OKIsItJustMe Nov 28 #14
Bannon needs to go the fuck away lonely bird Nov 28 #11
Nobody is getting stripped of citizenship. jimfields33 Nov 29 #26
Well, there's a ringing endorsement. LisaM Nov 28 #13
But that would encompass the entire administration. Karasu Nov 29 #19
Washed-up fascist kisses newer, more popular fascist's ass. News at 11. Karasu Nov 29 #15
Who gives a fuck? NEOBuckeye Nov 29 #18
Underestimate your opponents at your peril OKIsItJustMe Nov 29 #20
Oh believe me, I'm not. NEOBuckeye Nov 29 #23
Good question RandiFan1290 Nov 30 #36
This message was self-deleted by its author moniss Nov 29 #24
As if I give a shit. (nt) Paladin Nov 29 #25
"And look, we have huge ideological differences, including about the Chinese Communist Party" Polybius Nov 29 #27
This message was self-deleted by its author JudyM Nov 29 #32
Bannon...says he's 'impressed' LudwigPastorius Nov 30 #35
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