Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

riversedge

(70,605 posts)
Mon Oct 30, 2023, 12:19 PM Oct 2023

Court arguments on keeping Trump off ballot in Colorado begin

Source: CBS news





October 30, 2023 / 11:19 AM / CBS/AP

A hearing on the use of the Constitution's "insurrection" clause to bar former President Trump from running for president again is underway in Colorado, and oral arguments before the Minnesota Supreme Court in a similar case are scheduled for Thursday.
.............
The cases both invoke what's known as the disqualification clause, Section 3 of the 14th Amendment, and the provision has now been cited in the two lawsuits brought by voters in Colorado and Minnesota who argue Trump is constitutionally ineligible to hold federal office because of his actions surrounding the Jan. 6, 2021, assault on the U.S. Capitol.

The suits aimed at the former president set up what are sure to be closely watched legal battles that will test the reach and force of a constitutional provision enacted in the wake of the Civil War, and the outcomes could upend the Republican primary if Trump, currently the leading candidate for the GOP nomination, is found to be ineligible to seek the White House for a third time.

Section 3 of the 14th Amendment states:

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.
................................


....................................

Read more: https://www.cbsnews.com/news/trump-ballot-colorado-insurrection-clause/






?s=20
6 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Court arguments on keeping Trump off ballot in Colorado begin (Original Post) riversedge Oct 2023 OP
This will be fun to watch LetMyPeopleVote Oct 2023 #1
TheHILL.com has a live feed. coprolite Oct 2023 #3
Loose, reinterpretation of wording of the 14th coming 3825-87867 Oct 2023 #2
says you can't "you can't yell "Fire" in a crowded theater" TwilightZone Oct 2023 #4
Yep, You're right. 3825-87867 Oct 2023 #5
Not to worry. Clarence and gang are going to twist it to their liking SouthernDem4ever Oct 2023 #6

3825-87867

(863 posts)
2. Loose, reinterpretation of wording of the 14th coming
Mon Oct 30, 2023, 12:46 PM
Oct 2023

Doesn't specifically mention "president".
Of course the FIrst and Second are and aren't subject to reinterpretation! (Depending on your particular politic!)

The First says you can't yell "Fire" in a crowded theater. Further, the Supremacist Court allows "free speech zones" to be blocks away from, among other things, Republican Conventions (2004) (they still have freedom to speak, just not right in the vicinity of any who object).

The Second doesn't specify types of current "arms" therefore semi autos and ammo (and as many and much as you want) are okeydokey for anyone even though it does specify a well regulated Militia only. (We can still use muskets legally to rob banks, I guess)

Therefore, tfg should be allowed to run for whatever because the Supremacist Court thinks it can reinterpret the Constitution to imagine what the authors really meant.

TwilightZone

(25,551 posts)
4. says you can't "you can't yell "Fire" in a crowded theater"
Mon Oct 30, 2023, 12:53 PM
Oct 2023

No, it actually doesn't. This is mostly a myth.

The act, in itself, a not a crime. It can lead to other crimes, such as disorderly conduct or, in the event of a stampede resulting in death, some form of manslaughter.

https://chicago.suntimes.com/columnists/2023/8/30/23852276/covid-joke-shouting-fire-crowded-theater-analogy-jacob-sullum

3825-87867

(863 posts)
5. Yep, You're right.
Mon Oct 30, 2023, 01:28 PM
Oct 2023

It was a comment made by a Justice. Sadly, it is that idea used to decide what may or may not be said now by those who are intent on affecting certain speech.

SouthernDem4ever

(6,617 posts)
6. Not to worry. Clarence and gang are going to twist it to their liking
Mon Oct 30, 2023, 08:45 PM
Oct 2023

even though they complain about other judges doing that.

Kick in to the DU tip jar?

This week we're running a special pop-up mini fund drive. From Monday through Friday we're going ad-free for all registered members, and we're asking you to kick in to the DU tip jar to support the site and keep us financially healthy.

As a bonus, making a contribution will allow you to leave kudos for another DU member, and at the end of the week we'll recognize the DUers who you think make this community great.

Tell me more...

Latest Discussions»Latest Breaking News»Court arguments on keepin...