The5thHorseman
Platinum Member
- Nov 22, 2022
- 12,136
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It just got real...
But there’s a serious argument that, separate from any criminal charges, Trump is constitutionally disqualified from returning to the White House because of his role in the Jan. 6, 2021, insurrection at the Capitol. And if the Constitution bars him from the presidency, then he’s not entitled to be on the ballot, and it becomes the job of state election officials to keep him off.
Two prominent conservative scholars have added their voices — and, more important, their extensive analysis of the relevant historical record — in support of this argument. They conclude that Section 3 of the 14th Amendment, which was adopted after the Civil War to prohibit former federal officeholders who joined the Confederacy from holding office again, applies broadly to any “insurrection or rebellion” against the United States and not solely to the South’s secession from the Union.....
These scholars explain in a forthcoming law review article that the Jan. 6 attack on the Capitol was an insurrection within the meaning of this clause and, crucially, that Trump engaged in this insurrection within the clause’s meaning, by both fomenting it and failing to exercise his presidential powers to stop it once it was underway. Refuting the view that the president is not an “officer” to whom this provision applies, these scholars cogently note that John Tyler was a former president and John Breckinridge a former vice president who both joined the Confederacy, and surely the framers of the 14th Amendment intended its disqualification from future office to apply to the likes of them.
https://www.washingtonpost.com/opin...e-14th-amendment-unconstitutional-presidency/
Two prominent conservative law professors have concluded that Donald J. Trump is ineligible to be president under a provision of the Constitution that bars people who have engaged in an insurrection from holding government office. The professors are active members of the Federalist Society, the conservative legal group, and proponents of originalism, the method of interpretation that seeks to determine the Constitution’s original meaning.
The professors — William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas — studied the question for more than a year and detailed their findings in a long article to be published next year in The University of Pennsylvania Law Review.
Conservative Case Emerges to Disqualify Trump for Role on Jan. 6
This is the Federalist Society - the litmus test of any GOP nominee for a judgeship or leadership of the DoJ. They have provided Trump with the list of names from which someone helps him find a nominee.
Check any conservative federal judges bio of the past 25 years, and they will be members.
This is a very public split....it appears as if the Society is reapplying for admission into Civil Society by establishing a distance between themselves and the zombie cult that the GOP has become.
But there’s a serious argument that, separate from any criminal charges, Trump is constitutionally disqualified from returning to the White House because of his role in the Jan. 6, 2021, insurrection at the Capitol. And if the Constitution bars him from the presidency, then he’s not entitled to be on the ballot, and it becomes the job of state election officials to keep him off.
Two prominent conservative scholars have added their voices — and, more important, their extensive analysis of the relevant historical record — in support of this argument. They conclude that Section 3 of the 14th Amendment, which was adopted after the Civil War to prohibit former federal officeholders who joined the Confederacy from holding office again, applies broadly to any “insurrection or rebellion” against the United States and not solely to the South’s secession from the Union.....
These scholars explain in a forthcoming law review article that the Jan. 6 attack on the Capitol was an insurrection within the meaning of this clause and, crucially, that Trump engaged in this insurrection within the clause’s meaning, by both fomenting it and failing to exercise his presidential powers to stop it once it was underway. Refuting the view that the president is not an “officer” to whom this provision applies, these scholars cogently note that John Tyler was a former president and John Breckinridge a former vice president who both joined the Confederacy, and surely the framers of the 14th Amendment intended its disqualification from future office to apply to the likes of them.
https://www.washingtonpost.com/opin...e-14th-amendment-unconstitutional-presidency/
Two prominent conservative law professors have concluded that Donald J. Trump is ineligible to be president under a provision of the Constitution that bars people who have engaged in an insurrection from holding government office. The professors are active members of the Federalist Society, the conservative legal group, and proponents of originalism, the method of interpretation that seeks to determine the Constitution’s original meaning.
The professors — William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas — studied the question for more than a year and detailed their findings in a long article to be published next year in The University of Pennsylvania Law Review.
Conservative Case Emerges to Disqualify Trump for Role on Jan. 6
This is the Federalist Society - the litmus test of any GOP nominee for a judgeship or leadership of the DoJ. They have provided Trump with the list of names from which someone helps him find a nominee.
Check any conservative federal judges bio of the past 25 years, and they will be members.
This is a very public split....it appears as if the Society is reapplying for admission into Civil Society by establishing a distance between themselves and the zombie cult that the GOP has become.
