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 Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

TwilightZone

(28,836 posts)
34. Mostly false.
Tue Dec 19, 2023, 10:44 PM
Dec 2023

Many legal experts disagree, including one who testified in the case.

https://thehill.com/regulation/court-battles/4287766-14th-amendment-trump-colorado-disqualification-trial/

As for the argument that the presidency is not an office:

"Members of the 39th Congress, which proposed the Amendment, repeatedly referred to the president as an officer.

Historically, the distinguishing feature of an “officer” is that they swore an oath. And while Mr. Mukasey is correct that Article II, separately from Article IV, mandates a presidential oath, lawmakers made no distinction between these oaths for the purpose of Section 3."

https://www.theusconstitution.org/blog/responding-to-mukasey-the-president-is-an-officer-under-section-3-of-the-fourteenth-amendment/

Recommendations

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

So what if tfg cant be on the ballot? [View all] getagrip_already Dec 2023 OP
Colorado thing is about Primary ballot... WarGamer Dec 2023 #1
Not about primary ballot at all.... getagrip_already Dec 2023 #7
Constitution enid602 Dec 2023 #29
But there's no CONVICTION... yet. WarGamer Dec 2023 #37
That will never happen Fiendish Thingy Dec 2023 #2
Dont be so sure..... getagrip_already Dec 2023 #10
To allow the ruling to stand would nullify due process. Fiendish Thingy Dec 2023 #17
There is no such requirement in the 14th amendment.... getagrip_already Dec 2023 #21
If all it takes is convincing a judge, Biden will be disqualified Fiendish Thingy Dec 2023 #23
There's no argument to be made that Biden was involved in an insurrection. TwilightZone Dec 2023 #25
Exactly- which is why SCOTUS will overturn the CO ruling Fiendish Thingy Dec 2023 #27
This isn't a criminal trial. TwilightZone Dec 2023 #24
The clear Bludogdem Dec 2023 #32
Mostly false. TwilightZone Dec 2023 #34
Of course not being on the ballot doesn't mean they can't write in Raven123 Dec 2023 #3
Its not just the ballot, he cant serve..... getagrip_already Dec 2023 #6
The ruling says write-in votes won't be counted. TwilightZone Dec 2023 #8
Thanks for that information. Didn't see it Raven123 Dec 2023 #12
Even if he is not on the ballot he will claim he won rurallib Dec 2023 #4
pretty sure this is meant as satire stopdiggin Dec 2023 #5
I'm not sure how any of that makes any sense. TwilightZone Dec 2023 #9
If he cant be on the ballot, than who is? getagrip_already Dec 2023 #13
Not sure I understand your point. TwilightZone Dec 2023 #20
Party primaries are not really electoral processes... getagrip_already Dec 2023 #28
On the GOP side, that's mostly false. TwilightZone Dec 2023 #31
Hmmm, beddy intewestink....... getagrip_already Dec 2023 #35
Ironically, they passed the rules to protect Trump. TwilightZone Dec 2023 #36
What happens is many more states that can swing it will have their own SC declare that MOMFUDSKI Dec 2023 #11
Right duckworth969 Dec 2023 #15
They may not have that option. TwilightZone Dec 2023 #22
A better option is if any state declares he can be on the ballot getagrip_already Dec 2023 #16
I think he will be on enough ballots country wise Johonny Dec 2023 #14
Scotus will have to rule and settle the issue getagrip_already Dec 2023 #18
You under estimate of the court to make Johonny Dec 2023 #19
I think he will be on enough to still win the nomination. TwilightZone Dec 2023 #26
He is also off the general election ballot.... getagrip_already Dec 2023 #30
Agree that they have to take up the case. TwilightZone Dec 2023 #33
Latest Discussions»General Discussion»So what if tfg cant be on...»Reply #34