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07-01-2023, 02:33 AM
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Senior Member
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Join Date: Mar 2013
Location: Sierras
Posts: 15,280
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Quote:
Originally Posted by RickeyM
A question I've seen elsewhere. Why is it illegal in this country for a felon (or insurrectionist) to vote yet it's permissible for one to hold the highest office in the land? Should we Democrats take The House and survive GOP challenges to a Democrat victory for president maybe we should do something about that. None of this pansy nonsense about it could backfire on the Democrats. If a felon (or insurrectionist) is a Democrat he or she shouldn't be able to hold the office either.
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A simple law couldn't do it, I believe this will require a constitutional amendment because requirement for POTUS is very simple.
US born, 35 years old, resident for 14 years.
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The issue today is the same as it has been throughout all history, whether man shall be allowed to govern himself or be ruled by a small elite. Thomas Jefferson
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07-01-2023, 06:31 AM
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Reformed Know-Nothing
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Join Date: Oct 2009
Location: MoCo, MD
Posts: 26,554
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Quote:
Originally Posted by Rajoo
A simple law couldn't do it, I believe this will require a constitutional amendment because requirement for POTUS is very simple.
US born, 35 years old, resident for 14 years.
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Fourteenth Amendment, 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."
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As long as the roots are not severed, all will be well in the garden.
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07-01-2023, 06:49 AM
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Ready
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Join Date: Oct 2013
Posts: 19,926
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Quote:
Originally Posted by finnbow
Fourteenth Amendment, 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."
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A law to simplify enforcement of this should be passed. Though now I'd say running for President in contravention of this should be prosecutable as conspiracy or sedition. And can't someone seek an injunction to stop the candidacy?
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07-01-2023, 07:05 AM
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Reformed Know-Nothing
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Join Date: Oct 2009
Location: MoCo, MD
Posts: 26,554
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Quote:
Originally Posted by donquixote99
A law to simplify enforcement of this should be passed. Though now I'd say running for President in contravention of this should be prosecutable as conspiracy or sedition. And can't someone seek an injunction to stop the candidacy?
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A New Mexico state court judge ruled Thursday that the founder of the group "Cowboys for Trump" must be removed from his post as an Otero County commissioner due to his participation in the Jan. 6, 2021, assault on the U.S. Capitol.
Judge Francis Mathew, of the 1st Judicial District Court in Santa Fe, ordered Couy Griffin to be stripped of his position effective immediately and permanently prohibited him from seeking or holding any federal or state position. In his ruling, Mathew said Griffin is barred from public office under Section 3 of the 14th Amendment because he "engaged in" the Jan. 6 insurrection and became disqualified from serving in federal or state elected positions the day he participated in the Capitol assault.
https://www.cbsnews.com/news/couy-gr...4th-amendment/
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As long as the roots are not severed, all will be well in the garden.
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07-01-2023, 08:02 AM
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Ready
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Join Date: Oct 2013
Posts: 19,926
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Quote:
Originally Posted by finnbow
A New Mexico state court judge ruled Thursday that the founder of the group "Cowboys for Trump" must be removed from his post as an Otero County commissioner due to his participation in the Jan. 6, 2021, assault on the U.S. Capitol.
Judge Francis Mathew, of the 1st Judicial District Court in Santa Fe, ordered Couy Griffin to be stripped of his position effective immediately and permanently prohibited him from seeking or holding any federal or state position. In his ruling, Mathew said Griffin is barred from public office under Section 3 of the 14th Amendment because he "engaged in" the Jan. 6 insurrection and became disqualified from serving in federal or state elected positions the day he participated in the Capitol assault.
https://www.cbsnews.com/news/couy-gr...4th-amendment/
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"New Mexico law allows any private citizen of the state to file a lawsuit to remove a person who unlawfully holds public office there...." This allowed the state court action after an advocacy group filed such a suit. We need such a law at the federal level, enforceable against candidates as well as officeholders. Though as I said, running in contravention of the amendment strikes me as a conspiracy to obstruct a lawful function of the Government by dishonest or unlawful means.
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07-01-2023, 09:02 AM
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Senior Member
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Join Date: Mar 2020
Posts: 7,534
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Quote:
Originally Posted by finnbow
Fourteenth Amendment, 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."
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But tRump would have to be convicted first. tRump's insurrection co-conspirators would surely insist on that. If an unlikely or unfortunate circumstance puts Traitor Don in the WH the guilty party(s) with the help of the SC would likely make that amendment useless.
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The first casualty of war is the truth.
[ Greek dramatist Aeschylus ]
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07-01-2023, 11:28 AM
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Senior Member
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Join Date: Mar 2013
Location: Sierras
Posts: 15,280
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If Trump is convicted of insurrection and he wins the presidency, I would expect the Blue states to petition the Supreme Court and I do not see from reading the 14th Sec. 3 how they can vote to uphold his election. But then in a rational country, he should and would have been impeached.
I still hold hope that he will be indicted for insurrection considering Meadows and Giuliani have been interviewed by Jack Smith or perhaps they have testified in front of a grand jury. More importantly, this case will be brought up in a DC court.
__________________
The issue today is the same as it has been throughout all history, whether man shall be allowed to govern himself or be ruled by a small elite. Thomas Jefferson
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07-02-2023, 08:53 AM
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Banned
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Join Date: Nov 2013
Posts: 8,310
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One more time...
If there's one factor that will allow for the possible collapse of this experiment, it's a Constitution that is still in force, that was written by and for, the land owning, and slave owning elite. The men who had the audacity to sign off on a document that suggested "all men are created equal", when it should have said, "all white males of property are created equal."
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07-04-2023, 10:05 AM
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Senior Member
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Join Date: Mar 2017
Posts: 14,446
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'A cruel desert of dictatorship': FDR's July 4, 1941 warning against 'tyranny' rings true 82 years later
https://www.alternet.org/amp/a-cruel...ter-2662225400
Fascism is very much alive and well today in Whell’s World, where this great president is hated.
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"In a time of deceit telling the truth is a revolutionary act." -
George Orwell
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07-04-2023, 05:18 PM
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Jigsawed
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Join Date: May 2009
Posts: 11,189
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Quote:
Originally Posted by Ike Bana
The men who had the audacity to sign off on a document that suggested "all men are created equal", when it should have said, "all white males of property are created equal."
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So they undermined their status.
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