- Joined
- Jul 27, 2011
- Messages
- 61,835
- Reaction score
- 52,077
- Gender
- Female
- Political Leaning
- Independent
Only one person was killed on 1/6.
She was an unarmed white female military veteran shot by a nervous black cop who was protecting the capitol building.
Not a story promoted by the Liberal press.
The Constitution isn't self-executing, though. For Trump to be considered an insurrectionist, would he not have to be tried and convicted for violating 18 USC § 2383? Until such a conviction is obtained, is he not entitled to a presumption of innocence?
So we both believe that neither Trump nor Biden is the answer to our need for strong leadership. And please don't say, "There's always Kamala".
For the record, I would rather cast my vote for an executive leader like Nikki Haley or DeSantis, with government leadership records, than an old fossil who's been around for five decades and has to use short staircases to avoid falling down.
Good comeback. Although, your heart is not in your response.Well, there’s always Kamala.
I correctly spelled out the exact situation:You spelled “domestic terrorist” wrong.
Good comeback. Although, your heart is not in your response.
Your club simply has no other choice.
Not if you think Kamala can be elected.I don’t have a club, thanks. I can think for myself.
I guess Road Trippers know what you mean.
Not if you think Kamala can be elected.
I guess Road Trippers know what you mean.
I am not going to suggest anything puerile, misogynistic, or crude.Holy shit … seriously?
… you don’t know what that means? First day on the internet?
Holy shit … seriously?
… you don’t know what that means? First day on the internet?
I am not going to suggest anything puerile, misogynistic, or crude.
That's your forte as a 'road tripper'.
Now I understand the reference you made.
You must have had fun on the road.
What instrument did you play?
Road Trip
A lengthy sexual encounter that might involve multiple positions, oral sex, sex toys, dress-up, etc.
Instead of the usual quickie, how would you like to take a road trip tonight?
Urban Dictionary: Road Trip
The long and boring trip that eventually becomes memorable and fun through time.www.urbandictionary.com
No. The 14th is abundantly clear.
You just have people trying to muddy the waters.
States run elections. They can keep candidates off the ballot for insurrection, Congress can allow them back on with a 2/3 vote.If the 14th Amendment is abundantly clear, then it must be so across all of it's sections - not just Section 3, but Section 5 also: "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article." Did not Congress exercise this power by making insurrection a crime under 18 USC §2383 (conviction of which carries the same prohibition from office enumerated in Section 3)? What's more, if Congress is given the sole power to enforce the terms of the 14th Amendment, from where do the States derive their power to do so?
Nope.I correctly spelled out the exact situation:
unarmed white female military veteran shot by a nervous black cop
The 14th doesn't say guilty, it says "...engaged in..."Why don't you feel a conviction for violating 18 USC §2383 would be a necessary precondition for Trump to be considered guilty of insurrection? Is he not entitled to a presumption of innocence until such a conviction is obtained?
States run elections. They can keep candidates off the ballot for insurrection, Congress can allow them back on with a 2/3 vote.
The 14th doesn't say guilty, it says "...engaged in..."
Are you saying that P01135809 was not engaged in the events of January 6, 2021?
You'd be wrong. There is nothing about committing a crime that would preclude you from running for President. There is something about having engaged in an insurrection disqualifying you.I'd argue that the power to determine whether someone is guilty of insurrection is clearly within the Federal purview and not with the States.
You'd be wrong. There is nothing about committing a crime that would preclude you from running for President. There is something about having engaged in an insurrection disqualifying you.
Article 1, Section 4, Clause 1.
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
You are mistaken. If it was why would the 14th include this, "...But Congress may by a vote of two-thirds of each House, remove such disability."?I don't disagree with you... my argument is that the determination of whether or not an individual has engaged in insurrection clearly does not reside with the States. The sole power to enforce the 14th Amendment is to be derived from legislation deemed appropriate by Congress.
You are mistaken. If it was why would the 14th include this, "...But Congress may by a vote of two-thirds of each House, remove such disability."?
The states place the candidates on the ballot, not the feds.
Congress may not overturn a criminal conviction of any type. They can put someone back on a ballot that has been removed.Think about what the Congress is actually doing when it decides to remove the disability - in effect, it is overturning a criminal conviction. So, of course, a super majority would be appropriate.
States place candidates on the ballot, but they have to apply the same criteria to all candidates, do they not? It can't draw distinctions or make exceptions for individual candidates unless such exceptions are constitutionally valid, wouldn't you agree?
Congress may not overturn a criminal conviction of any type. They can put someone back on a ballot that has been removed.
I would not necessarily agree with what seems obvious. They must meet certain qualifications, 35, residency and natural born citizen, along with certain restrictions (can't have served two terms already) and imo, been a previously sworn federal officer who engaged in an insurrection. After that, the states have elections power. If someone feels a state has wronged them...that goes to Article 3.
Conviction of that crime would be another restriction to office.Read 18 USC §2383. The prohibition from public office is part and parcel with conviction and the language used mirrors that of §3 of the 14th Amendment. I'd suggest that is not a coincidence.
All of the qualifications you list are Constitutionally mandated, though. So is not engaging in an insurrection. As @Superfly suggested, the 14th Amendment is perfectly clear - the only problem arises in determining who exactly has the power to enforce the terms. By my reading, §5 of the 14th Amendment resolves that question.
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?