# SCOTUS hears the case on Trump's eligibility on February 8, 2024

**URL:** <https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204>\
**Category:** Politics & Elections\
**Tags:** trump\
**Created:** [February 6, 2024, 8:25pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204 "2024-02-06T20:25:55Z")\
**Posts on this page:** 20\
**Page:** 7

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**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\
**Post date:** [February 8, 2024, 6:06pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204/121 "2024-02-08T18:06:41Z")

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> [@bobot](#):
>
> Michael Steele just predicted 9-0 against Colorado.

Was there a camera pan to the reaction of the Colorado tight end’s girlfriend?

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**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\
**Post date:** [February 8, 2024, 6:09pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204/122 "2024-02-08T18:09:24Z")

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I heard it on the radio.  
(And don’t get the reference 🍻 )

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [February 8, 2024, 6:12pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204/123 "2024-02-08T18:12:03Z")

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> [@Akaj](#):
>
> 14A is self-executing

I thought this was always the weakest part. It is not self-executing so much as the execution is usually based on undeniable facts. If it were self-executing then why was a law needed to make those born in the Panama Canal Zone a natural born citizen? Are you a citizen if born in a US territory? Possession? I believe that status is based on Federal Law. Clearly if you took an oath to serve the CSA you committed insurrection but what if someone on this board went to DopeFestDC and advocated that Dopers execute every Republican in Congress? Is that insurrection?

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**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\
**Post date:** [February 8, 2024, 6:13pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204/124 "2024-02-08T18:13:20Z")

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The whole notion of something being self-executing is very fragile.

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [February 8, 2024, 6:13pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204/125 "2024-02-08T18:13:27Z")

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> [@bobot](#):
>
> I heard it on the radio.  
> (And don’t get the reference 🍻 )

Swift & Kelce. Please don’t make me say more.

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**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\
**Post date:** [February 8, 2024, 6:18pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204/126 "2024-02-08T18:18:07Z")

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Ok, that I get, but I don’t see the tie in. It’s not important. What’s important is beers all around.  
🍻

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [February 8, 2024, 6:27pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204/127 "2024-02-08T18:27:02Z")

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> [@bobot](#):
>
> What’s important is beers all around.

First round on Brett.

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**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\
**Post date:** [February 8, 2024, 7:07pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204/128 "2024-02-08T19:07:55Z")

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> [@Spoons](#):
>
> Trump, of course, cannot stay on the topic of the court case—he’s blathering away about Ukraine and Israel and illegal immigrants and his polls in between brief mentions of the court case.
> 
> The director in the control room must be going crazy.
> 
> Now Trump is taking questions, and being drowned out by passing aircraft.

And of course the critique we’ve had about the media since 2016: Dammit, CNN, you DON’T HAVE TO cover every breath he takes live. It only helps him.

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**Author:** ![Hamlet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hamlet/32/2818_2.png) [@Hamlet](https://boards.straightdope.com/u/Hamlet)\
**Post date:** [February 8, 2024, 7:13pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204/129 "2024-02-08T19:13:49Z")

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[quote="Saint\_Cad, post:123, topic:997204,]

I thought this was always the weakest part. It is not self-executing so much as the execution is usually based on undeniable facts. If it were self-executing then why was a law needed to make those born in the Panama Canal Zone a natural born citizen? Are you a citizen if born in a US territory? Possession? I believe that status is based on Federal Law. Clearly if you took an oath to serve the CSA you committed insurrection but what if someone on this board went to DopeFestDC and advocated that Dopers execute every Republican in Congress? Is that insurrection?  
[/quote]  
I’m not sure I follow your point, but “self-executing” does not mean “answers every possible situation and interpretation”.

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**Author:** ![rocking\_chair](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rocking_chair/32/2918_2.png) [@rocking\_chair](https://boards.straightdope.com/u/rocking_chair)\
**Post date:** [February 8, 2024, 7:17pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204/130 "2024-02-08T19:17:08Z")

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the podcast “prosecuting donald trump” has the full audio of the hearing this morning up now. just the hearing no commentary.

[Prosecuting Donald Trump on Apple Podcasts](https://podcasts.apple.com/us/podcast/prosecuting-donald-trump/id1679657705)

i must correct the justice jackson bazinga, she said “a chaotic insurrection?” during the questioning about what makes an insurrection an insurrection question.

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**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\
**Post date:** [February 8, 2024, 7:18pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204/131 "2024-02-08T19:18:57Z")

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> [@rocking\_chair](#):
>
> i must correct the justice jackson bazinga, she said “a chaotic insurrection?” during the questioning about what makes an insurrection an insurrection question.

I almost corrected you, but then I realized that my own personal anal retentivity actually _does_ have bounds 🙂

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**Author:** ![TeroSunbear](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/terosunbear/32/14748_2.png) [@TeroSunbear](https://boards.straightdope.com/u/TeroSunbear)\
**Post date:** [February 8, 2024, 7:21pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204/132 "2024-02-08T19:21:45Z")

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The amendment allows federal legistlation. One can write quite easily a law then that applies only to the president. This would make sense, as the president is elected by the whole country as well as the vice president. All other treasonous politicians can be tried at the state level.

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**Author:** ![rocking\_chair](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rocking_chair/32/2918_2.png) [@rocking\_chair](https://boards.straightdope.com/u/rocking_chair)\
**Post date:** [February 8, 2024, 7:22pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204/133 "2024-02-08T19:22:42Z")

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i was amused by the fact that an insurrection must be “organised”. huh, who knew.

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**Author:** ![Horatius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/horatius/32/3572_2.png) [@Horatius](https://boards.straightdope.com/u/Horatius)\
**Post date:** [February 8, 2024, 7:32pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204/134 "2024-02-08T19:32:47Z")

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> [@rocking\_chair](#):
>
> i was amused by the fact that an insurrection must be “organised”.

We need a Monty Python skit for this. “Okay, folks, today we’re going to overthrow the government. But for legal purposes, it is essential that none of us do any organizing, coordinating, cooperating, or cahooting! This must be an entirely organic outgrowth of our individual motivations to overthrow the government!”

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**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\
**Post date:** [February 8, 2024, 7:34pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204/135 "2024-02-08T19:34:23Z")

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Well, this one was, anyway. That’s why everone showed up at the same place on the same morning.

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**Author:** ![rocking\_chair](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rocking_chair/32/2918_2.png) [@rocking\_chair](https://boards.straightdope.com/u/rocking_chair)\
**Post date:** [February 8, 2024, 7:35pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204/136 "2024-02-08T19:35:15Z")

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not according to mr mitchell. mr mitchell states it was not an insurrection, it was a riot. which is what prompted the “chaotic” line.

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**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\
**Post date:** [February 8, 2024, 7:36pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204/137 "2024-02-08T19:36:48Z")

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> [@rocking\_chair](#):
>
> i was amused by the fact that an insurrection must be “organised”. huh, who knew.

Likewise. A chaotic riot (:clears throat: most riots are chaotic) that tries to prevent congress from doing its job of counting electoral votes so that Trump could be elected by the house is not an insurrection because it’s ‘chaotic’.

OoooKaaaaayy.

And looks at facts… It was organized and planned.

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**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [February 8, 2024, 7:38pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204/138 "2024-02-08T19:38:40Z")

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> [@enipla](#):
>
> Likewise. A chaotic riot (:clears throat: most riots are chaotic) that tries to prevent congress from doing its job of counting electoral votes so that Trump could be elected by the house is not an insurrection because it’s ‘chaotic’.

And let’s just ignore all the other organizing and planning that went on with the fake elector scheme that was tied into the “tourist gathering” at the Capitol.

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**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\
**Post date:** [February 8, 2024, 7:39pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204/139 "2024-02-08T19:39:53Z")

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> [@Horatius](#):
>
> “Okay, folks, today we’re going to overthrow the government. But for legal purposes, it is essential that none of us do any organizing, coordinating, cooperating, or cahooting! This must be an entirely organic outgrowth of our individual motivations to overthrow the government!”

All that violence you saw was inherent in the system.

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [February 8, 2024, 7:44pm UTC](https://boards.straightdope.com/t/scotus-hears-the-case-on-trumps-eligibility-on-february-8-2024/997204/140 "2024-02-08T19:44:32Z")

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> [@enipla](#):
>
> Likewise. A chaotic riot (:clears throat: most riots are chaotic) that tries to prevent congress from doing its job of counting electoral votes so that Trump could be elected by the house is not an insurrection because it’s ‘chaotic’.

You’re confused so let me help you.  
Overrunning the Capitol and capturing and maybe assaulting Legislators to prevent certifying the vote that would remove you from office is a riot.  
Allowing migrants to stay in the US while they are waiting for their hearing is an insurrection (as per Gov. Abbott)

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