I’m not surprised. That wouldn’t include the Civil War, which was definitely a rebellion.
Did Trump’s lawyers even notice what they were saying? They probably meant to try to bound it only on the lower end, but according to that quote actually bounded it also on the upper.
Add in Illinois!
Not quite. There’s a challenge but it just started this week. They won’t even hear arguments for a week.
I found this interesting.
According to Lawfare, there are pending cases in 14 other states challenging Trump’s candidacy.
SCOTUS has to clean up this hot mess.
There are two different powers Congress is granted by this amendment. What you’re referring to is that Congress can decide that, even though any given person committed insurrection, that person can hold office anyway. This does not mean that the person didn’t actually commit insurrection.
But Congress also has a completely separate power to pass legislation to enforce the terms of the amendment. This power probably would encompass legislation that precisely defined “insurrection”, and set out a necessary process to determine whether someone had committed it. But that’s the part that Congress hasn’t done.
From the 14th amendment debate:
What the framers said about the 14th Amendment’s disqualification clause
— Senator Peter Van Winkle
And consider:
Then they broadened it to what we have today.
I have no certainty as to what 1868 Republicans would say, in the seance, about trans rights. But I know just what they’d say concerning the applicability of Section 3 to the likes of Donald Trump.
At this point I would not be surprised if the court ruled that Trump actually won in 2020, and declared him president.
This is such a shit-show.
If we’re betting quatloos, whatever those are, on this then my quatloos say that the court is going to rule that of course Trump shall appear on the ballots. Then they’ll grab their crotches with one hand, and flip the bird with the other.
Star Trek reference. In one episode, the Enterprise crew are forced to fight as gladiators, with aliens betting quatloos on the outcome of the games.
I would be completely shocked since that’s a complete 180 of everything they’ve done up until now.
If that were the case, then he DEFINITELY can’t run again, since you can’t serve more than two consecutive terms.
Interesting. Thanks for posting this.
Another point in favour of the insurrection prohibition of s. 3 being self-executing is the Amnesty Act of 1872, which broadly removed the disqualification for Civil War veterans.
That Act only makes sense if s. 3 is self-executing. The Act is based on the assumption that all those vets were already barred from office by s. 3. No Congressional action had been necessary to disqualify them. Congress’ power was to remove the disqualification.
Now we are to vote on Trump and a VP without the insurrection bit decided. Then, after the election, 2/3 of house and senate reject Trump’s claim he was not running an insurrection only a protest. The Trump VP becomes president and Trump retires. She then pardons him for any remaining crimes, but Trump still is not in. But he wins over Biden! Trump goes on victory tour and finally, the election was not stolen.
A little more than a nitpick, I think: the video referred to Salmon P. Chase, who was Chief Justice of the United States from 1864 to 1873.
Samuel Chase (apparently no relation), aka Old Bacon Face (I am not making that up), was, as you said, the only Supreme Court Justice ever impeached. But he died in 1811, which would have made his ruling on the 14th Amendment a bit unlikely.
FYI, Salmon Chase had quite a career. He was:
Fun fact: he was also depicted on the $10,000 bill, the highest-value note ever issued by the U.S.
ETA, another fun fact: while in college, I lived in a dorm named for Maryland’s Samuel Chase.
There was a $100,000 note, but it never circulated publicly. It was used solely to transfer funds between banks. Woodrow Wilson was on it.
Thanks. I remembered the factoid incorrectly. The Chase $10,000 was the largest ever to circulate publicly. I had incorrectly thought it was the one only used between banks, and had forgotten about the Wilson $100,000.
I don’t think that’s quite correct.
Salmon Chase only served on the Supreme Court, as Chief Justice.
But back then, the Supreme Court judges sat as judges on the federal circuits, including trials and appeals.
So it’s not that Salmon Chase at one point was a circuit judge and later was a Supreme Court judge. When he was on circuit, he was a Supreme Court judge.
Paging @Elendil_s_Heir , resident expert on Chase.
(And just as an aside, the comments that the other Justice Chase (Samuel), that got him impeached were made when he was on circuit sitting as a trial judge. )
If I got my Chases wrong I apologize, I was taking notes as I was watching the video and probably screwed that up.
No biggie.