Can someone show us where the 14th Amendment negates the 5th Amendment?

[Nostra]

The laws don't apply to the former 1-term fuckup.

Thanks for once again confirming you are a fascist

 

[Marchimedes]

We have people on this board claiming Trump can be found guilty of a crime because the 14th Amendment spells out the punishment for being guilty of insurrection, but doesn't specifically state a person needs to be found guilty in a court of law.

The liberal is clinging to hope that the 14th doesn't specifically say on this particular issue 'due process' needs not be observed.

I say that due process is a mutha fu(kin given. It's so glaringly obvious that The Founding Father's didn't feel that due process needs to be mentioned. But then our wise Founding Fathers didn't foresee liberals trying to twist the intent of The Mighty US of A Constitution. Stupid liberal fu(ks, read The Federalist Papers and ALL accompanying documents but in this case the liberals suddenly says if some fu(k says it's an insurrection that's good enough. Incongruent.

 

[Nostra]

The liberal is clinging to hope that the 14th doesn't specifically say on this particular issue 'due process' needs not be observed.

I say that due process is a mutha fu(kin given. It's so glaringly obvious that The Founding Father's didn't feel that due process needs to be mentioned. But then our wise Founding Fathers didn't foresee liberals trying to twist the intent of The Mighty US of A Constitution. Stupid liberal fu(ks, read The Federalist Papers and ALL accompanying documents but in this case the liberals suddenly says if some fu(k says it's an insurrection that's good enough. Incongruent.

Beyond all that, the 14th specifically states Congress is the only entity that has the power to enforce the 14th. It says nothing about a civil court judge in CO, or the Maine SOS.

 

[Jim H - VA USA]

We have people on this board claiming Trump can be found guilty of a crime because the 14th Amendment spells out the punishment for being guilty of insurrection, but doesn't specifically state a person needs to be found guilty in a court of law.

However, the 5th specifically states at the very least one must be indicted by a grand jury AND be given due process. Has Trump been indicted by a grand jury of insurrection? NOPE.

This destroys the Liberal packed Colorado SC ruling.

Amendment V​

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Fifth Amendment

www.law.cornell.edu

Notably, the 14th Amendment itself guarantees Trump the right to a trial (due process)...

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

It's open a shut. Colorado and Maine have both shredded the Constitution, and the Supreme Court will vacate both decisions.

[Edit: I see that Darkwind beat me to it in post 15]

 

[otto105]

Thanks for once again confirming you are a fascist

WTF

Your orange messiah would tell you that the laws don't apply to him. Anybody or entity that does is always out to get him and is nasty, right.

 

[22lcidw]

WTF

Your orange messiah would tell you that the laws don't apply to him. Anybody or entity that does is always out to get him and is nasty, right.

We all know that Joe and many in his party are demons. We knew this for years. So, Progs use orange messiah and other terms we know the truth. What we see is evil. It has led to more evil. Most of the politicians that are older who are Progs do not even believe much of what they spew. Power and money.

 

[multivita-man]

I'm anti-MAGA but Colorado and Maine got it wrong and their decisions will be overturned by SCOTUS, and it should.

I think there's a misunderstanding about what the 14th Amendment's 'disability' clause was intended to do. To understand that, you have to know something about the historical background and context of the year 1868. Northern (Union) Republicans were trying to eradicate slavery and the racial hierarchy of the South once and for all, but they knew that Southern Democrats weren't going to make that easy for them, and the Republicans feared that Northern Democrats, who were far more tolerant of ex-confederates than Republicans were, would try to team up with Southern Democrats to become a stronger force in US politics. But more than that, they feared that Southern and Northern Democrats together would block Republican efforts to force Southern states to embrace post-Civil War reforms, such as giving blacks equal rights, the right to vote, the right to go beyond just being farmhands. So in addition to the 13th Amendment, which ended slavery, they came up with the 14th Amendment (equal protection under the law, etc) and the 15th Amendment (the right to vote).

The disability clause of the 14th Amendment was written so that Southerners (Southern Democrats) who were deemed to be influential and to have had remaining loyalties to the defeated Confederacy's ideals could be kept out of office. In fact the 13th, 14th, and 15th amendments were examples of the United States government basically restricting states' rights, not giving them additional latitude and political discretion. The idea that the 14th amendment would allow states to determine independently who has violated the Constitution and who is therefore disqualified on that basis really doesn't square with the intent or even the text of the amendment. Even when one reads the text of the 14th Amendment, the power to disqualify a candidate or to enforce any part of the amendment lies primarily with Congress.

From Section 3:

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

From Section 5:

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Congress, not states.

Besides, even in 1868, there was already a mechanism to remove the president and to further disqualify him from federal office ever again. It's in the Article II powers of impeachment in sections 3 and 4.

I personally believe that Trump should have been convicted in the Senate, but there's a solution for that, too, and it's called voting. Impeachment and voting are the only two ways to disqualify a presidential candidate beyond what are already the constitutionally-acceptable methods of exclusion. Allowing each state to come up with its own verdict is a crazy idea, and it would almost certainly lead us toward a hotly-contested election in November, and a bitter conflict that could last well into 2025. It's best avoided, which is why I hope the SCOTUS hears the case soon and tosses these decisions in the trash can.

 

[otto105]

We all know that Joe and many in his party are demons. We knew this for years. So, Progs use orange messiah and other terms we know the truth. What we see is evil. It has led to more evil. Most of the politicians that are older who are Progs do not even believe much of what they spew. Power and money.

Hilarious

Evil is pretending to be good while doing wrong. You worship that orange messiah so you can pretend.

 

[Clipper]

So why hasn’t he charged Trump with insurrection, Simp?

I don't know, I don't work with him. Maybe you should ask HIM.

 

[Nostra]

I don't know, I don't work with him. Maybe you should ask HIM.

You should begin, and end, every one of your posts with the first three words of that one, Simp.

 

[Marchimedes]

Beyond all that, the 14th specifically states

Not givin you a hard time but when I say stuff like that I go ahead and post the entirety of the 14th.

Just saying.

 

[Nostra]

Not givin you a hard time but when I say stuff like that I go ahead and post the entirety of the 14th.

Just saying.

Go for it.