Colorado SC just disqualified Trump from the ballot using the Fourteenth Amendment Section 3 of the Constitution

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Nov 29, 2006
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and so is a SoS taking a person off the ballot who has not been charged Tried and convicted of any crime against the constitution. if you do not think that you are also a danger to our democracy. talk about a total lack of due process. you do know what that is do you?
oh man, it’s back?
 
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Nov 29, 2006
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Where does it say that is required for the 14th article 3? Many of you conservatives love to add language and interpretations that are simply not there. The constitution is to be followed 100% of the time as it's the law of the land. It stats specifically that Trump can't hold any office. Cases are supposed to be brought up against the government when they make laws that violatethe constitution. So in all reality, the 14th amendment, article 3, is supposed to be automatic, and Trump should be automatically removed from EVERY ballot across the nation per the language of the constitution. It does not require the courts to be involved per the language, which means no conviction from a lower authority (the courts), is required as the constituion is the supreme authority. Then if you and your idiot buddies, believe that it's a violation of the constitution, you then can take it to court, and try to prove your arguement.. but not in the case of the 14th article 3, as the amendmen/article itself specifies states who has such authority, and it's not the court. It's not supposed to be as it is now, where we have to go to court, and argue to get the government to enact the constitution amendments and articles.

If the constitution was being followed, as it should, Trump would be removed from every ballot across the nation via the 14th amendment article 3, as stated by the constitution (he can't hold any office which means he can't be on the ballots, same as a 34 year old trying to run for President), which the courts CANNOT change, or make any ruling to put him back on it. PER the constitution, ONLY CONGRESS can remove that disability of the 14th article 3 amendment, by 2/3 vote, not the courts.
The only thing i can come up with just to play devils advocate is that it’s pretty easy to determine if someone is under 35, or not a natural born citizen. it’s not as clear cut what is or isn’t an insurrection attempt. i mean i believe it was, especially when you factor in all the heinous things the GOP was doing beyond jan 6th, but obviously others do not.
 

Lanyap

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Dec 23, 2000
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and so is a SoS taking a person off the ballot who has not been charged Tried and convicted of any crime against the constitution. if you do not think that you are also a danger to our democracy. talk about a total lack of due process. you do know what that is do you?




I'm seeing this response from every right winger commenting on articles about this issue. The reply to these comments is always A14S3 does not require a charge, trial or conviction. RWers are like but, but, but. They just don't want to get it.
 
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Fenixgoon

Lifer
Jun 30, 2003
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I'm seeing this response from every right winger commenting on articles about this issue. The reply to these comments is always A14S3 does not require a charge, trial or conviction. RWers are like but, but, but. They just don't want to get it.
just ask them if Robert E Lee or Jefferson Davis should have been able to run for president following the end of the civil war.
 
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HomerJS

Lifer
Feb 6, 2002
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and so is a SoS taking a person off the ballot who has not been charged Tried and convicted of any crime against the constitution. if you do not think that you are also a danger to our democracy. talk about a total lack of due process. you do know what that is do you?
There was a 5 day hearing in Colorado where Trump’s lawyers were allowed to present their case. He had due process and was not only found guilty of insurrection but the court ruled state law says he comes off the ballot.

What more did you want?
 
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NWRMidnight

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Jun 18, 2001
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There was a 5 day hearing in Colorado where Trump’s lawyers were allowed to present their case. He had due process and was not only found guilty of insurrection but the court ruled state law says he comes off the ballot.

What more did you want?
I'm betting he is all for Trump getting immunity. The sad part, is all of those that support Trump, are like a frog in a pot of water, that the tempurature is slowly being increased to boiling, and they will be boiled to death before they realize what is happening. The same holds true for those Trump supporters, they dont' realize that Trump is setting them up for the same fate as the frogs in that pot of water, and they are not realizing that he is slowly "turning up the heat" right under their noses, and if Trump gets immunity, and/if/or he makes it back into the White house, they will be just as fucked as the rest of us. In short: they have no fucking real clue what it all means and what is happening as they blindly follow their god Trump.
 

Brovane

Diamond Member
Dec 18, 2001
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There was a 5 day hearing in Colorado where Trump’s lawyers were allowed to present their case. He had due process and was not only found guilty of insurrection but the court ruled state law says he comes off the ballot.

What more did you want?

A jury, and a verdict (criminal conviction) would be nice for a start. Then have Orange Man behind bars. Is that to much to ask?
 

Fenixgoon

Lifer
Jun 30, 2003
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A jury, and a verdict (criminal conviction) would be nice for a start. Then have Orange Man behind bars. Is that to much to ask?
you're asking for a wealthy white man to be convicted of a crime and sentenced to jail. in america. when he didn't steal money from the rich. generally speaking, the answer to your question will be yes.
 

Indus

Lifer
May 11, 2002
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and so is a SoS taking a person off the ballot who has not been charged Tried and convicted of any crime against the constitution. if you do not think that you are also a danger to our democracy. talk about a total lack of due process. you do know what that is do you?

We're not a democracy, We're a REPUBLIC.

You will take your Republic and LIKE IT!
 
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fskimospy

Elite Member
Mar 10, 2006
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A jury, and a verdict (criminal conviction) would be nice for a start. Then have Orange Man behind bars. Is that to much to ask?
Right but that would be adding new requirements that aren’t in the constitution. If you want a conviction to be required then you need to amend the 14th.
 

Brovane

Diamond Member
Dec 18, 2001
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Right but that would be adding new requirements that aren’t in the constitution. If you want a conviction to be required then you need to amend the 14th.

What is the standard for "due process" for invoking the 14th amendment Insurrection clause? The 14th Amendment is kind of vague in that area.


Section 5.

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
 

[DHT]Osiris

Lifer
Dec 15, 2015
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What is the standard for "due process" for invoking the 14th amendment Insurrection clause? The 14th Amendment is kind of vague in that area.


Section 5.

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
I'm guessing it's similar to a butchered quote from Justice Stewart, 'I don't know how to define it but I'll know it when I see it'.
 
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ivwshane

Lifer
May 15, 2000
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There was a 5 day hearing in Colorado where Trump’s lawyers were allowed to present their case. He had due process and was not only found guilty of insurrection but the court ruled state law says he comes off the ballot.

What more did you want?

He wasn’t found guilty of insurrection, he was found to have participated in one. The distinction is one requires a criminal charge and the other is a matter of fact. It’s like someone getting a speeding ticket vs someone being caught on camera speeding but they don’t get a ticket.
 

HomerJS

Lifer
Feb 6, 2002
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He wasn’t found guilty of insurrection, he was found to have participated in one. The distinction is one requires a criminal charge and the other is a matter of fact. It’s like someone getting a speeding ticket vs someone being caught on camera speeding but they don’t get a ticket.
Being one of the leaders and being a 1st LT both are participants. Aiding and abetting. A14 does not require a full blown trial just like being 34 doesn’t

Was there a full jury trial in Bush V Gore? Judges make ruling in election issues all the time.
 

ivwshane

Lifer
May 15, 2000
33,496
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Being one of the leaders and being a 1st LT both are participants. Aiding and abetting. A14 does not require a full blown trial just like being 34 doesn’t

Was there a full jury trial in Bush V Gore? Judges make ruling in election issues all the time.

Yes I know but that doesn’t change the fact that you said he was found guilty of insurrection, he wasn’t.
 

HomerJS

Lifer
Feb 6, 2002
39,288
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Yes I know but that doesn’t change the fact that you said he was found guilty of insurrection, he wasn’t.
Allow me to clarify. Here is what A14 S3 says. The judges found Trump “engaged in an insurrection” as spelled out in A14S3

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
 

fskimospy

Elite Member
Mar 10, 2006
87,934
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What is the standard for "due process" for invoking the 14th amendment Insurrection clause? The 14th Amendment is kind of vague in that area.


Section 5.

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
If you think that legislation is required to enforce it that means you think the people who wrote the 14th thought Robert E. Lee and Jefferson Davis were eligible to be president in 1868.

Does that seem plausible to you?
 

eelw

Lifer
Dec 4, 1999
10,334
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He wasn’t found guilty of insurrection, he was found to have participated in one. The distinction is one requires a criminal charge and the other is a matter of fact. It’s like someone getting a speeding ticket vs someone being caught on camera speeding but they don’t get a ticket.
But that’s the problem. They don’t believe what their eyes sees.
 

ivwshane

Lifer
May 15, 2000
33,496
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Fenixgoon

Lifer
Jun 30, 2003
33,273
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I am not sure if he is missing your point or not, but how can someone be engaged in insurrection, and not be guilty of insurrection?
Think of it like civil vs criminal trial.

A "finding" says you engaged in insurrection, but does not mete out any sort of punishment (e.g. civil action for DQ from election). Being found guilty (convicted) of insurrection would actually put you in prison.