Weaponization of the 14th Amendment: Recent Colorado SC Ruling Ain't All Cherries

[duckworth969]

Sigh, no one wants to be a wet blanket.

But thought I’d say my piece anyway.

Texas is already making noises about keeping Biden off the ballot.

Whatever legal argument Texas might use, it might not take much for them to gin up a reason and press ahead.

As most of us know, rational argument is not a long suit of Texas Repuglicans.

I’ve attached two blogs from DailyKos if you’d like a deeper dive as to the cons of using the 14th to keep Chump off the ballot.

Here they is:

https://www.dailykos.com/stories/2023/12/20/2212853/-Trump-Has-Been-Removed-From-a-State-Ballot-Biden-is-Next?pm_campaign=front_page&pm_source=trending&pm_medium=web

https://www.dailykos.com/stories/2023/10/31/2202802/-Using-the-14th-Amendment-Section-3-to-rid-us-of-TFG-or-Opening-Up-a-Can-O-Legal-Worms

Honestly, I’m torn over the issue. I want the SOB out of politics and in jail.

But I also think we should stop and consider that we might win the battle but lose the war.

GOTV is the better tool to keep TFG out of politics.

[Prairie Gates]

1. Are you saying Biden might lose Texas?

Is Beto also in trouble?

[ecstatic]

17. damn. Where has he been, btw?

I haven't seen or heard anything from him in ages!

[dpibel]

2. Slippery slope arguments

They're often real scary.

[RainCaster]

3. that bastard needs to be in prison NOW

His damn delay tactics are pissing off the voters of this country. In the meantime, he is spewing his particular brand of Orange Bullshit and the MSM is echoing it as loudly as possible.

Voting isn't enough. He denied the validity of the vote in 2020. He will do it again, only louder, stronger and with more Russian backing. Keep that liar off the ballot and he can spend his time focusing in all his many criminal charges.

[pwb]

4. Weaponization is a puke term.

And fuck Texas back to the Stone Age.

[Prairie Gates]

8. You have a point: the only people I hear applying the term "weaponization" to the law

are Trump and his supporters.

Good point.

[struggle4progress]

5. The followers of Ill Douche plan to act like shizzsticks no matter what

[scipan]

6. It's an interesting idea.

But:
1) is China or Russia an "enemy" legally? I don't think so. I've read that's only if there was a declaration of war.

2) they'd have to prove that he gave "aid and comfort". They can't yet or we'd have seen it.

3) section 3 of the 14th was and is always available to them.

4) there's a limit on how far lies can be stretched. We're in big trouble if SCOTUS could stretch it that far. They haven't done anything like that yet.

[TwilightZone]

15. No

They are not declared enemies, so that portion of the 14th is irrelevant to any current discussion, whether it's about Biden or Trump.

[getagrip_already]

7. Damn the torpedos..

I'm sick of worrying about what crap the gop will pull. If tx tries to throw him off the ballot, scotus will stop them.

Yes, this scotus. They really don't want states playing games with federal elections.

Full steam ahead.

Either way, it isn't up to DU, DKOS, or the Democratic party. But I fully support throwing his soiled butt to the curb.

[JohnSJ]

9. Biden didn't violate the 14th amendment. Biden is a born naturalized citizen, and

is meets the minimum age requirement

In other words he meets all the Constitutional requirements to run for president.

At question with the SC court is if trump violated the 14th amendment. Biden didn’t.

What I believe the SC will rule though is that Trump has not been given due process, and will remain on the Colorado ballot

[gab13by13]

10. This has all been debunked about the Bidens,

The post is right wing propaganda even if it came from Daily Kos.

[duckworth969]

19. Bullshit

A difference of opinion or outlook on an important issue in this forum shouldn’t be labeled RW propaganda just because you don’t agree with it.

Given your knee jerk dismissive response, I’d wager you’re not aware that the Federalist Society is the engine driving this issue and that fact should give any thinking person pause.

Do your homework. That way you can have an informed opinion rather than just running your mouth.

[ripcord]

11. Considering insurrection is a federal crime i dont see how the Colorado SCOTUS can rule on it

Kind of like Texas making laws and ruling on immigration.

[dpibel]

13. Check this out!

Unless the federal courts possess exclusive jurisdiction over a matter, state courts may hear cases over which federal courts would have also had jurisdiction.1 However, it does not necessarily follow from the fact that state courts are authorized to hear claims arising under federal law that the state courts must agree to hear federal claims. In deciding multiple cases on this issue, the Supreme Court has ruled that state courts generally must hear federal law claims unless state law bars a state court from hearing a federal claim through a "neutral rule of judicial administration" that does not improperly burden claims arising under federal law.2

https://constitution.congress.gov/browse/essay/artIII-S1-6-4/ALDE_00013232/

[mzmolly]

12. Bullshit.

Biden didn't foment an insurrection.

[Ponietz]

14. Sorry, but that sounds like the adversary's talking point

An “Oh, we don’t want to piss them off or they might do something worse” attitude describes a victim in an abusive, codependent relationship.

[ecstatic]

16. You're either complicit or you're not

It appears that our Constitution forbids an insurrectionist from holding office again.

Once trump is eliminated, we have to make sure the insurrectionists in congress are removed next. Thank God the Congressmen who were serving after the Civil War had the GUTS to do the right thing and get the traitors out without getting sidetracked by what the other side might do. Thank God the weaklings who are afraid of their own shadows either weren't around or were ignored.

Of course, it's a moot point now that the traitors have infiltrated and infected most states and are on the rise again.

Anyway. My point is that anyone considering ignoring the rules for the benefit of trump is complicit. That is why we're at this point right now: People refusing to take action due to various fears and /or trying to protect their own asses.

[jcgoldie]

18. Lets just swallow their whole line of bullshit

Don't try to enforce the law because that will make them angry and they'll do worse shit!