Posted on 03/04/2024 3:24:23 PM PST by Oldeconomybuyer
WASHINGTON — In ruling that states cannot kick Donald Trump off the ballot, the Supreme Court placed significant limits on any effort — including by Congress — to prevent the former president from returning to office.
Should Trump win the presidential election and lawmakers then seek to not certify the results and prevent him from taking office because he "engaged in insurrection" under Section 3 of the Constitution's 14th Amendment, the decision could foreclose that action.
It is on that point that the court — notionally unanimous in ruling for Trump despite its 6-3 conservative majority — appeared to be divided, with the three liberal justices vehemently objecting to the apparent straitjacket the decision enforced on Congress.
Justice Amy Coney Barrett, a conservative, wrote her own opinion saying she also believed the court had decided issues it did not need to resolve but she did not join the liberal justices’ separate opinion.
Apparently, without the support of the four women justices, a five-justice majority said that Congress had to act in specific ways to enforce section 3.
“This gives the Supreme Court major power to second guess any congressional decision over enforcement of Section 3,” Rick Hasen, an election law expert at UCLA School of Law, wrote immediately after the ruling.
The Colorado Supreme Court had found Trump had violated the provision in contesting the 2020 presidential election results in actions that ended with the Jan. 6 attack on the Capitol.
(Excerpt) Read more at nbcnews.com ...
One main reason to have Trump back is the ensuing tears.
Just get their records from serving in the Confederacy. That’s what the 14th Amendment is about.
An "election law expert" should know better than this. In fact, the decision explicitly says that only congress has the power to enforce Section 3, when it comes to the election of federal office seekers.
He’s a stenographer for the regime.
I’m weary to the limit with this. You can’t do things to someone or legally take action against them for insurrection without trying and convicting them if it. Saying the words doesn’t make it true.
It just doesn’t occur to them that Biden is 100 times worse than what they’re accusing Trump of.
Let me get this straight, the commies went on TV today and said that if trump wins they WONT certify his election and these same people have the nerve to go after Trump..seriously..after hearing what these certifiable nut jobs said today its very clear the left has ZERO plans to ever cease power if they lose, they will just claim they are “Saving democracy”
noun
1) The act or an instance of open revolt against civil authority or a constituted government.
2) A rising against civil or political authority, or the established government; open and active opposition to the execution of law in a city or state.
3) A rising in mass to oppose an enemy.
The American Heritage® Dictionary of the English Language, 5th Edition • More at Wordnik
I know, day by day he proves it even more.
The left would like nothing more than to re-write The Constitution/Bill of Rights....
Good because the Left is on this like flies on rice.
They’re barely able to keep composure.
Please show me where Congress “certifies” a Presidential election.
The process whereby the State Legislatures appoint a new President excludes the existing President, the Congress, and the Federal Courts from the process.
The House of Representatives (alone) has the right to choose the President if the State Legislatures fail to appoint someone.
The Senate (alone) has the right to choose the Vice President if the State Legislatures fail to appoint someone.
Voting by individual State citizens is optional. Any State Legislature can dispense with that at any time.
The Congress (in Joint Session) MUST count the Electoral Votes in open, public session to avoid fear of back room wheeling and dealing. But their counting doesn’t “certify” anything. Once 270 Electors are found to have voted for someone, that person is President-elect and requires no action by Congress to make him so, and there is no action Congress can take to prevent his taking office at noon on January 20.
In fact, as soon as the votes are counted, the person the State Legislatures have chosen could appear in front of a Federal Judge or other qualified official, swear or affirm the oath, and he would automatically be President at noon on January 20 without any further action by anyone.
Umm, it’s supposed to be hard.
Fascists insurrectionists, democracy…
The left uses these words, but I don’t think they really know what the words mean…
It has been 163 years since the last insurrection in this nation. So, there’s no rush on this.
Hahaha! Let the tears flow. My hope the leftist/libs will truly drown in their tears.
Of course you’re right. Since the last insurrectionist, the last confederate soldier, died in 1951, I think we’re ok. Unfortunately, for the libs, whatever crazy a** s*** one of them thinks up is immediately and permanently takes as Gospel by millions of their brain dead followers, so they’ll go to their graves still believing the January 6 fairy tale.
The insurrection in Amendment 14 was the civil war with uniformed armies fighting numerous set battles for 4 years involving probably 2+ million soldiers and 600,000+ deaths by wounds or illness. J6 had no weapons, no soldiers and only an unarmed woman killed by a Capitol Policeman. Hardly comparable.
Read article 5 of the 14th. Its up to congress.
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