Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Democrats Eye New Way to Get Trump Off Ballot After Supreme Court Loss: Rep. Jamie Raskin plans to revive legislation barring Trump from office via 14th amendment
Newsweek via MSN ^ | 03/04/2024 | Jon Jackson

Posted on 03/04/2024 9:48:06 PM PST by SeekAndFind

Representative Jamie Raskin, a Maryland Democrat, on Monday said he's working with colleagues on legislation that could bar someone who committed insurrection from holding office.

Raskin made the announcement after the Supreme Court unanimously ruled that former President Donald Trump should appear on the primary ballot in states that have challenged his presidential candidacy.

"I'm working with a number of my colleagues—including [Democratic Representatives] Debbie Wasserman Schultz and Eric Swalwell—to revive legislation...to set up a process by which we could determine that someone who committed insurrection is disqualified by section three of the 14th amendment," Raskin said during an appearance on CNN.

The Context

Trump's eligibility for the White House has been challenged in numerous states by groups citing a clause found in the Constitution's 14th Amendment. This Civil War-era clause prohibits officials who have taken an oath to uphold the Constitution from holding office if they've "engaged in insurrection or rebellion" or "given aid or comfort" to those who did.

On Monday, the U.S. Supreme Court reached a 9-0 decision to side with Trump and overturned a decision by the Colorado Supreme Court that the former president should be removed from the state's ballot in the 2024 election for his alleged role in the January 6, 2021, riot at the U.S. Capitol.

In August, the former president was indicted by the Department of Justice (DOJ) in its investigation regarding the riot. The insurrection saw a mob of Trump supporters—allegedly incited by his unfounded claims of widespread voter fraud—violently protest at the Capitol building in a failed effort to block Joe Biden's 2020 Electoral College victory. Trump has plead not guilty in the case, maintaining his innocence.

(Excerpt) Read more at msn.com ...


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: 14thamendment; arrestjamieraskin; ballot; ban; enemieslist; ips; jamieraskin; lawfare; marcusraskin; raskincrimefamily; reddiaperbaby; trump
Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100101 next last
To: SeekAndFind

Congress has no role in this. SCOTUS has spoken.


81 posted on 03/05/2024 7:53:19 AM PST by Lisbon1940 (I don’t see why they would)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Bullish
No chance this goes anywhere, but it will give the bloviators gist for their bloviating, I guess.

~~~~~~~~~~~~~~

PLUS the left wants to develop a FEAR in the conservatives, and patriots...and " wear us down".... and threatening these measures is their plan.

WE will NOT be intimidated. FORWARD to November 2024!!!

GOD BLESS TRUMP!!!!!

82 posted on 03/05/2024 8:03:37 AM PST by pollywog (" O thou who changest not....ABIDE with me")
[ Post Reply | Private Reply | To 15 | View Replies]

To: kiryandil
Tht VA

The Department of Veteran Affairs just banned the V-J Day kiss photo.

"To foster a more trauma-informed environment photographs depicting the V-J Day kiss should be removed from all Veterans facilities." pic.twitter.com/JYBcm8y4cL— Citizen Free Press (@CitizenFreePres) March 5, 2024


83 posted on 03/05/2024 8:11:14 AM PST by combat_boots
[ Post Reply | Private Reply | To 13 | View Replies]

To: Laslo Fripp
Good question.

See The Heritage Foundation: Retroactive Tax Increases and The Constitution.

Generally (to my dismay), the Courts have interpreted the ex post facto clause to only apply to criminal laws.

-PJ

84 posted on 03/05/2024 9:04:48 AM PST by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
[ Post Reply | Private Reply | To 60 | View Replies]

To: SeekAndFind

Dems will probably win the House in 2024 even as Trump wins the presidency, thanks largely to the fiasco of Republicans unable to pick a House leader, and that we love to attack each other (Dems always stand united) that’s just the facts-AND when that happens they will pass legislation, problem is Trump will be elected president so they will immediately impeach him and it will go to the senate.

Dems don’t need facts they just get off on virtue signaling how righteous they are in hating Trump


85 posted on 03/05/2024 9:18:57 AM PST by TECTopcat
[ Post Reply | Private Reply | To 5 | View Replies]

To: Seven_0
True, some have made that argument.

I posted my thoughts on this last December.

I summarized the above in a post in January which I will repost here.


If you are correct that the disability was removed in perpetuity that covers President Trump, there is still the fact that it was an act of Congress and not a ratified amendment that removed the disability. The language still exists in the amendment.

No Congress can bind a future Congress. Yes, a prior Congress voted to remove the disability "from all persons whomsoever," but a future Congress can remove that removal by passing a new law reinstating that part of the 14th amendment, or asserting that any removals are temporal only to the cases at hand.

The only way to remove the disability forever out of reach of future Congresses is to ratify a new amendment removing section 3 of the 14th amendment.

That said, how it affects President Trump is debatable. One argument can be made that the amnesty act that you reference is forward-reaching that covers Trump and that moots the issue right then and there. The other argument is that the lack of a time limit in the language was assumed to be for all people living at the time because future Congresses have the power to decide future cases for themselves.

In either case, my proposed plan would allow those arguments to take place, but within a 20th amendment framework and not a 14th amendment framework. "Ripeness" is the key, because arguing it now is premature since so many future events have to happen before Trump gets anywhere near a Presidential inauguration.


-PJ
86 posted on 03/05/2024 9:19:36 AM PST by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
[ Post Reply | Private Reply | To 69 | View Replies]

To: combat_boots
The Department of Veteran Affairs just banned the V-J Day kiss photo.

WTAF!!!!

To be replaced with a photo of Ben Cardin's aide doing it on a table in the US Senate with his gayboy lover.

"The Beast With Two Backs"

87 posted on 03/05/2024 9:26:07 AM PST by kiryandil
[ Post Reply | Private Reply | To 83 | View Replies]

To: SeekAndFind

He was not convicted for insurrection. You don’t have a case!

No way this will be allowed!


88 posted on 03/05/2024 10:07:13 AM PST by TribalPrincess2U (Bye done!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

3/4ths of them would have to concur. There would be lamp posts erected.


89 posted on 03/05/2024 10:21:06 AM PST by Glad2bnuts (“And how we burned in the camps later, thinking: We should have set up ambushes...paraphrased)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

HOW LONG can ANY ‘legislation’ lay dormant???


90 posted on 03/05/2024 10:48:03 AM PST by ridesthemiles (not giving up on TRUMP---EVER)
[ Post Reply | Private Reply | To 1 | View Replies]

To: muir_redwoods

NO MORE COMPLICATED THAN NATURAL BORN CITIZEN-—

BUT A FEW OF US KEEP SAYING IT OVER & OVER & OVER.


91 posted on 03/05/2024 10:49:26 AM PST by ridesthemiles (not giving up on TRUMP---EVER)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Andy from Chapel Hill

No, I think what you posted makes sense. I think judges could bar a POTUS candidate who, for example, was proven to be a serial murderer (this does not apply to Trump because he has done no such thing), but that would hardly be “part of his official duties.” I just wanted to clarify that the part of the 14th Amendment that requires 2/3 majorities in congress referred to how to un-bar a person so that he could serve. Obviously Trump would not require such a vote, even the Amendment applied to this century.


92 posted on 03/05/2024 12:56:02 PM PST by ding_dong_daddy_from_dumas (Re-imagine the media!)
[ Post Reply | Private Reply | To 71 | View Replies]

To: SeekAndFind

Correct me if I am wrong, but, would this not be considered an unconstitutional bill of attainder and or ex post facto law? Therefore, illegal. But, we know Democrats do not care about laws, unless, they help them.


93 posted on 03/05/2024 1:16:07 PM PST by Ez2BRepub (don't know)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ding_dong_daddy_from_dumas

This may help as well:
https://www.americanthinker.com/blog/2024/03/why_the_trump_scotus_victory_is_bigger_than_it_looks.html


94 posted on 03/05/2024 1:31:36 PM PST by Andy from Chapel Hill (Wind energy windmills remove the energy from the wind, which causes global warming.)
[ Post Reply | Private Reply | To 92 | View Replies]

To: dpetty121263

Since Trump ‘lost’ SO badly last time, why are they afraid to have him on the ballot THIS time?


95 posted on 03/05/2024 2:07:57 PM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
[ Post Reply | Private Reply | To 2 | View Replies]

To: SeekAndFind

The Marxocrats fka Democrats. Ratkin needs a course in CIVICS because he is being tyrannical!


96 posted on 03/05/2024 3:55:20 PM PST by Deplorable American1776 (Guns don't kill people, LIBERALS DO!! Support the Second Amendment...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Elsie

Defeats their plans is why...


97 posted on 03/05/2024 4:07:54 PM PST by dpetty121263
[ Post Reply | Private Reply | To 95 | View Replies]

To: SeekAndFind

But he didn’t in any way, shape or form commit an insurrection. Contesting elections has been done many times before, and so long as it was done thru legal channels, it’s fine. Tilden supporters were threatening CW II back in 1776, and took to the streets. Never considered an insurrection.


98 posted on 03/06/2024 1:03:35 AM PST by Eleutheria5 (Every Goliath has his David. Child in need of a CGM system. https://gofund.me/6452dbf1. )
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

So Raskin has the money to buy off enough votes from Republicans in the House?

Thats the only way it would even get out of conference.


99 posted on 03/06/2024 6:56:43 AM PST by Candor7 (Ask not for whom Trump Trolls,He trolls for thee!),<img src="" width=500</img><a href="">tag</a>)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JudyinCanada

Yes, and they would need for the Supreme Court case about Trump’s presidential immunity to get decided, and decided against Trump, before that could happen. Otherwise the SC would just put a hold on that case too.


100 posted on 03/06/2024 7:34:24 AM PST by Boogieman
[ Post Reply | Private Reply | To 3 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100101 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson