Show threadjoe•iuculano Dec 29, 2023

« “Secretary [Shenna] #Bellows showed great courage in her ruling, and we look forward to helping her defend her judicious and correct decision in court. No elected official is above the law or our #Constitution, and today’s ruling reaffirms this most important of #American principles,” #Republican #KimberleyRosen, #Independent #ThomasSaviello and #Democrat #EthanStrimling said in a statement. »

#Trump #Disqualification
#14thAmendment
#14thAmendmentSection3
#SectionThree

2/2

joe•iuculano Dec 29, 2023

“I do not reach this conclusion lightly,” #Maine's #Democratic Secretary of State #ShennaBellows wrote in her 34-page decision. “I am mindful that no #SecretaryOfState has ever deprived a presidential candidate of #BallotAccess based on #Section3 of the #FourteenthAmendment. I am also mindful, however, that no presidential candidate has ever before engaged in #insurrection.”

#Trump #Disqualification
#14thAmendment
#14thAmendmentSection3
#SectionThree

1/2

https://apnews.com/article/maine-trump-presidential-ballot-election-insurrection-081fd38ce1f20be9b8423cb2f8c66dee

Trump campaign slams Maine move to block him from 2024 primary ballot

Maine’s Democratic secretary of state is removing former President Donald Trump from that state’s primary ballot. Shenna Bellows becomes the first election official to take action unilaterally to bar Trump under the insurrection clause of the 14th Amendment. The Civil War-era clause bans those who “engaged in insurrection” from office. It’s the same provision cited recently by the Colorado Supreme Court to remove Trump from the ballot in that state. The Trump campaign says it will appeal Bellows’ decision to Maine’s state courts, and Bellows suspended her ruling until that court system rules. The U.S. Supreme Court will likely rule on whether the provision applies to Trump and whether he is still eligible to return to the White House.

AP News
Grassroots JoeDec 29, 2023
#SectionThree
I just finished listening to 2 episodes with the Federalist Society (FedSoc) stalwart authors of the U of P Law Review article, The Force and Sweep of Section Three (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4532751), professors William Baude and Michael Stokes Paulsen, on the conservative podcast, Amarica’s Constsitution.
The discussion is an interesting window into the FedSoc judicial philosophy boiler room. While I think the constructs they’ve built are ...
joe•iuculano Dec 27, 2023

« Not a single one of the former #Confederate leaders who were disqualified under #SectionThree were ever charged or tried, for #insurrection or any other charge. #Disqualification under the #14thAmendment required no criminal conviction then and requires none now. It is a #constitutional prerequisite for holding the #presidency, no more or less than being 35 years old and native-born »

https://www.theguardian.com/commentisfree/2023/dec/26/trump-us-supreme-court-crisis

Will Trump provoke a crisis of legitimacy for the US supreme court?

The court can only rescue Trump from the Colorado ruling by shredding originalism and textualism. Will it?

The Guardian
CarolleisaDec 19, 2023
BREAKING: #ColoradoSupremeCourt rules #Trumpdisqualified from GOP primary election ballot. 200-page opinion. Cites 14thAmendment #SectionThree
MSNBC
Alley StoughtonAug 26, 2023

“The bottom line is that Donald Trump both “engaged in” “insurrection or rebellion” and gave “aid or comfort” to others engaging in such conduct, within the original meaning of those terms as employed in Section Three of the Fourteenth Amendment. If the public record is accurate, the case is not even close. He is no longer eligible to the office of Presidency, or any other state or federal office covered by the Constitution.” #TheAtlantic #Tump #SectionThree

https://www.theatlantic.com/ideas/archive/2023/08/donald-trump-constitutionally-prohibited-presidency/675048/

Trump Is Constitutionally Prohibited From the Presidency

The only question is whether American citizens today can uphold that commitment.

The Atlantic
Show threadNonilexAug 22, 2023

The Sweep & Force of Section Three

by William Baude & Michael Stokes Paulsen

#SectionThree of the #FourteenthAmendment forbids holding office by fmr office holders who then participate in #insurrection or #rebellion. Because of a range of misperceptions & mistaken assumptions, § Three’s full #legal consequences have not been appreciated or #enforced. This article corrects those mistakes by setting forth the full sweep & force of § 3.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4532751

Its Not A Hoax 🤞Aug 21, 2023

The Sweep and Force of Section Three 172 U. PA. L. REV. (forthcoming 2024)

William Baude & Michael Stokes Paulsen

Abstract: Section Three of the Fourteenth Amendment forbids holding office by former office holders who then participate in insurrection or rebellion. Because of a range of misperceptions and mistaken assumptions, Section Three’s full legal consequences have not been appreciated or enforced. This article corrects those mistakes by setting forth the full sweep and force of Section Three.

#Constitution

#fourteenthamendment

#sectionthree

#INSURRECTION

#Rebellion

https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:550967ad-5cd9-356a-a209-d3586f577866

Adobe Acrobat

wondrng1Aug 18, 2023

#CREW exec cites 2 #FederalistSociety member law professors who make case that language in #SectionThree of #14thAmendment already constitutionally forbids #45 from serving in public office b/c of aiding/abetting #Jan6thInsurrection in violation of oath (other case verdicts?), with #DisqualificationClause requiring high-bar of 2/3 maj of both houses of Congress to remove disability.

https://thehill.com/opinion/judiciary/4155537-the-constitution-bars-trump-from-holding-public-office-ever-again/

The Constitution bars Trump from holding public office ever again

Enforcing the Disqualification Clause against an official who violated their oath is an act of patriotism, not partisanship.

The Hill