On September 5, John Anthony Castro, a candidate for the Republican presidential nomination, filed a lawsuit in federal court in Maine, asking that the court determine whether or not former President Donald Trump is eligible under the 14th amendment. Castro already has a similar lawsuit pending in Florida. Here is the Complaint. Castro v Fellows, :23cv-335. Thanks to Shawn L. for this news.
CONVICTION OF INSURRECTION/REBELLION REQUIRED IN 14-3 AMDT
SEE JULY 1862 CRIMES LAW, SECS 2/3.
HOW MANY FOLKS CONVICTED OF I/R CRIMES IN 1862-1877 OR SINCE ???
Most perpetrators of interracial crime are not convicted due to the woke leftist politically cracked bias of the law enforcement and justice systems. A rare exception would be the extremely rare interracial crimes where Whites are the perpetrators rather than, as per usual, the victims.
14-3 does not say a conviction is required.
Look up the little write-up by the Congressional Research Service “The Insurrection Bar to Office” . I don’t think I can link a pdf here.
If a conviction is not required, you have a Constitutional crisis. Different state elections officials will bar the two different major party presidential nominees from the ballot based on unproven allegations.
You’re already going to see increasing problems with different partisan DAs and prosecutors all over the country bringing politically motivated indictments against leading candidates for nominations of opposing parties and any one term presidents still qualified to run again, thanks to the precedent now set by dims with TDS bringing garbage cases against Trump in the vain hope they can prevent him from winning another term, since nothing else seems to be working, even though they know they have no hope of winning the cases (or having them held up on appeal if biased local juries and judges give them an unearned conviction).
Y’all ready for civil war? Guess which side has more guns and training and ability to live off the land? Ever heard country boys can survive? It’s game over for the sinister satanic left. Y’all lost. If you think Satan will reward you for serving him, think again. He has nothing but contempt for those he fools into his service. It’s not too late for you to repent and join God’s right wing army, but it will be soon. No one knows exactly how soon. So I wouldn’t wait if I was y’all.
IMO, a conviction is required.
But, whether or not that is so is beside the point.
Section 3 does not bar anyone from running for, or even getting elected to, office. Only actually being sworn in. If such a person gets elected, it is up to Congress to decide by a 2/3 whether or not they may serve.
Biden should be disqualified under 14-3.
Without a conviction, whether by criminal court or Congressional impeachment, who can say whether or not someone is barred from office under Amendment 14?
14-3 requires a conviction or being found guilty by impeachment/supermajority vote of congress. Otherwise, who would get to define what was or wasn’t an insurrection and who was or wasn’t involved? If it’s left up to the states, we do in fact have a Constitutional crisis. I don’t believe there’s any way the supreme court would allow that, though.
The 14th amendment was hastily and improperly adopted, and should be repealed. 14-3 was arguably included only to apply to the war between the States; it’s not clear whether future insurrection (except perhaps by the defeated revolutionaries themselves) was even on anyone’s mind.
There have been far less disputable actual insurrectionists who have run for office, including President, over the years. This includes many commie and “new left” revolutionaries and even imprisoned leftists put forth by commie parties (Leonard Peltier, Eldridge Cleaver, Mumia Abu-Jamal, etc). Weather Underground terrorist Eleanor Raskin went on to be a NY judge on the state public service commission. Another WU (not the university) alum, Matthew Steen, was elected to the community college board of trustees in Santa Barbara.
Black panther Bobby Seale ran for mayor of Oakland. Former fugitive Angela Davis later ran for office many times, including on presidential tickets. A former Black Panther, Elaine Brown, sought the Green Partty presidential nomination. There are plenty of other examples.
Jack: yes, but that’s exactly why it should require a conviction by courts or congress first. Otherwise, it’s why the broad interpretation of 14-3 is a Constitutional crisis in the making. That interpretation will not hold up, for that reason and others.
Pig Farmer knows which way the wind blows, as any good pig farmer should and would.
A.C. ITEM-
https://crsreports.congress.gov/product/pdf/lsb/lsb10569
Congressional Research Service “The Insurrection Bar to Office”
You learn to read the wind when you grow up on a pig farm.
14TH AMDT DRAFTED OVER 8 MONTHS –
ESP DUE TO *BLACK CODES* IN 1865-1866 IN *RECONSTRUCTED* EX-SLAVE STATE REGIMES-
KEEPING BLACK EX-SLAVES WITH NO/NEAR ZERO *CIVIL* RIGHTS AND NOOOO POLITICAL RIGHTS – VOTING / HOLDING PUBLIC OFFICES.
ALSO AFFECTING MANY NORTHERN RACIST LAWS.
SEE JOURNAL OF THE JOINT COMT ON RECONSTRUCTION [DUG UP IN CIRCA 1914] AFTER MIA SINCE 1865-1870.
HOW ABOUT THE PIG STINK VICTIMS DOWNWIND ???
AND OTHER VICTIMS DOWNWIND FROM BIDEN/TRUMP ???
HOW MANY TOO LATE MAIL BALLOTS IN OR, WA, ETC. ???
https://www.lawfaremedia.org/article/the-lawfare-podcast-how-to-implement-section-3-disqualification-with-ned-foley-and-derek-muller
PROFS RE 14-3
Under the Constitution, a state legislature has the power to determine how Presidential electors are chosen.
I suppose it’s possible that a state legislature has the power by special legislation to exclude from the ballot the pledged electors of a specific candidate for President.
But, that would be totally open ended, and any legislature of a different state could do the same for the electors of any other Presidential candidates.
https://www.usatoday.com/story/news/politics/2023/09/08/georgia-grand-jury-recommended-charges-lindsey-graham-david-perdue-kelly-loeffler-cleta-mitchell/70793991007/
GA GJ — HOW MANY GOP HACKS NOT INDICTED ???
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14-1 APPLIES TO ALL BALLOT ACCESS STUFF – IE 12 AMDT PREZ ELECTORS ???
WZ –
ALSO 14-2 RE 12 AMDT PREZ ELECTORS
ALL MORE REASONS TO ABOLISH THE MINORITY RULE EC AND ALL THE ROT/MACHINATIONS WITH IT.
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P-A-T
TOTALLY SEPARATE USA AND STATES/LOCALS ELECTION SYSTEMS ???
“Reconstruction” was also an illegal travesty, and “racist” laws at the time were prevalent everywhere, and continued to be. We have racist laws now (quotas, “affirmative action,” racial gerrymandering, etc, etc). The 14th amendment improperly changed the relationship between States and the federal government, and was not properly adopted.
The rest of the Americas, except Haiti, and all of Europe handled ending slavery much better than the US did. They simply paid off the slavers because formerly legal property became illegal, at much less cost than the “civil” war, and without the widespread destruction of property, death ,injury, and mutilation on both sides and noncombatants (including slaves and former slaves), and destruction of the American form of government (including with the improperly passed 14th amendment and everything that came from it since).
Ex post facto laws are improper. Slave owners owned legal property. They should have been paid. The slaves would have been freed sooner, at less cost, and without all the destruction of war.
Pig stink “victims” downwind are mitigated, same as any industrial or agricultural stink “victims.” All of us are victims downwind from Quisling Biden, and the only “victims” of Trump are those who deserve to be, meaning they are not victims at all.
See Jonathan Turley, Mark Levin, and various recent articles at Reason magazine (the last one somewhat unexpectedly for me) for some decent takes on 14-3 since this phony controversy has been stirred up by the evil sinister leftards and demon rats driven ever more mad by their unrequited TDS (deservedly so).
14-4 — NOOOO $$$ FOR EX-SLAVE OWNERS
— ABOUT 450,000 DEAD USA UNION MILITARY IN 1861-1866
PERHAPS 5-25 [????] PCT PAID BY EX-SLAVE STATES TO 1950S –
UNION WIDOWS/CHILDREN/ MAJOR WOUNDS
Walter Ziobro, exactly. It would be an invitation to an actual civil war (not the failed Southern Secession, which was not a civil war since the South had no intention of conquering the north, and in fact seceded legally under the terms of the 9th and 10th amendments of the US Constitution and under the conditions under which Texas agreed to join the US, retaining the right to withdraw).
USSR today is fake news, and partisan dummy rats contemplating yet more partisan indictments against yet more Republicans who did nothing wrong simply for partisan vengeance and propaganda reasons is likely to spur similar moves against dummy rats in Republican led jurisdictions in response. It’s not surprising that the same malevolent entity which revels in the unnecessarily shed blood of the last “civil” war is gleefully cheering on the equally boneheaded moves towards a real civil war, which the leftists will lose if it happens. Be careful of what you wish for, leftards.
Presidential electors are a feature, not a bug. They’re one of the last remaining bulwarks keeping what’s left of our freedom from washing away. We could have had algore as president, and soylent green will have been a reality by now. Or Killary Clinton and WWIII. Therefore, it’s also not surprising that this very same malevolent entity which calls itself AZ is also calling for getting rid of electors.
AZ appears to be an artificial ztupidity terminator programmed by preschool troll morons or perhaps Ukrainian Nazis which hates us for our freedom, is not programmed to ever learn anything, and hates humans and all other carbon based life forms.
Given these controversies, we may be having an election in which state legislatures end up picking electors. This hasn’t happened since before the Civil War.
No money for ex slave owners is precisely why we got all those dead people, along with the other destruction of war. It’s not like the war wasn’t financially costly, either. Thanks for helping make my points that slave owners should have been paid instead of the unnecessary war and that the 14th amendment was improperly adopted and ought to be repealed (the latter part, along with most other amendments)
If state legislatures pick electors, Trump wins. If Congress picks them using the state by state method, Trump wins. If Dims go with hooker veep Cumallover Herass or Gavin Gruesome etc, Trump wins. If they stick with Beijing Biden, Trump wins.
Of course they’ll cheat and try to make it look close, but if they try to claim they win again, it will be a lot less plausible to a lot more people and there will in fact be a war. Given the urban/rural split between right and left and the difference in attitude between right and left regarding gun ownership, military service, law enforcement, etc, the right wins in the event of an actual civil war.
Any way you look at it, Trump and those of us supporting him win. Good night, left side. Checkmate.
IMO, it would not be unreasonable for a state to pass a law stating that if no candidate for President gets 50% of the vote in that state, that the choice of electors would fall to the legislature. That could head off a bunch of inconclusive or questionable recounts, or controversial law suits.
Don’t suppose that a legislature wouldn’t substitute its own candidates for President and Vice-President in an effect to deadlock the election, and provide Congress with a third alternative candidate for President.
Fine by me. I’d prefer to see legislators appoint electors, both in theory and in practice.
A third alternative won’t win a congressional vote. It probably won’t get any legislator picked electors to begin with. Even if it does, with one vote per state house delegation, all the votes will go to Republicans or Femocrats, and the majority or plurality will go to Republicans. Republicans will pick Trump. Therefore, under any scenario, Trump wins.
The only exception would be if somehow the Republicans did not pick Trump. That is extremely unlikely, but I’m that case Trump will run as third party/Independent. Under that scenario and under that scenario only will a third candidate win, and that would be Trump. Once again, Trump wins.
Right now, the HoR state delegation party breakdown is R -26, D -22, and tie 2.
That can change in 2024.
Yes, the Republicans could pick up even more states. Dim Rats are gnawing on the wrong wood here. It’s the hull of their own ship.
https://www.detroitnews.com/story/news/nation/2023/09/08/trump-lawyers-move-insurrection-clause-lawsuit-aiming-to-bar-him-from-the-ballot-to-federal-court/70800424007/
CO CASE TO FED CT.
WZ-
ALL 50 STATES- MINORITY RULE LEGIS
AS WAS THE CASE BEFORE 17 AMDT FOR USA SENS
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P-A-T
17th amendment should be repealed. Like the 14th, it improperly changed the balance of power between State and federal governments.
The bogus disqualification cases against President Trump will be disposed of in federal court like the garbage they are. The lawyers who bring this kind of trash should be disbarred and fined.