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All-In [47799]
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keeping Trump off the ballot? review the case of Rush Holt, Sr.
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Jan 19, 2024, 3:23 PM
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The Constitution includes only minimal requirements to run for federal office. You must be 25 to be eligible for the House, 30 to be eligible for the Senate, and 35 to be eligible for the Presidency. To be President, you must also be a natural born citizen and also, per the 14th Amendment, cannot have engaged in insurrection, and cannot have served more than one term or one term and less than 1/2 of another term. To be eligible for the vice presidency, you must also be eligible for the presidency.
So what does this mean in terms of keeping someone who is otherwise ineligible off of the ballot? The Supreme Court will soon decide but the issue is not entirely novel:
In November 1934, at 29, Rush Holt, Sr. was elected to the United States Senate, but because a Senator is constitutionally required to be at least 30 years old, he could not take his seat until after his 30th birthday in June 1935. Holt was the youngest person ever popularly elected to the U.S. Senate.
With respect to Trump he may or may not be eligible to be president based on the insurrection allegations. But, does that mean he cannot be on the ballot? It did not stop Rush Holt, Sr. I had never heard of Senator Holt or the circumstances surrounding his election until reading a book about Harry Truman last week. If I were an attorney for Trump, I'd cite the case of Sen. Holt and try to get the issue dismissed on that basis as not ripe for adjudication. Either that or seek a declaratory judgment from a court in a favorable jurisdiction that he did not engage in insurrection.
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CU Medallion [60043]
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Trump hasnt been convicted of anything
Jan 19, 2024, 3:26 PM
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there is tons transcript of him saying not to be violent and to not storm the Capitol.
This is easily a proven guilty before innocent….which is scarier.
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All-In [47799]
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the constitution does not say anything about conviction
Jan 19, 2024, 3:38 PM
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rather, it provides in relevant part:
"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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CU Medallion [60043]
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I dont understand how you
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Jan 19, 2024, 4:08 PM
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“Intellectuals” cannot grasp the idea that “go to the Capitol and make your voice heard” is any different than what BLM/Abortion/Palestinian/LGBT activists do on the regular.
Did he say the election was a fraud, yes and the loopholes that democrats have provided give that illusion, that is their fault.
However, Trump never told anyone or encouraged them to pass the barriers or go through the police. It’s all a complete farce. Just like the other 9000 indictments and impeachments that gain zero traction. It’s all political games.
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Oculus Spirit [81078]
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How do you even compare this to anything that BLM did?
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Jan 19, 2024, 4:55 PM
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Individual cities and states allowed whatever BLM did to continue to happen. And for all that was, it had nothing to do with governing our country.
And like it or not people listened to Trump when he said "if you don't fight like hell you're not going to have a country left".
Just listen to those who were arrested on J6; most of them said they were doing what they thought Trump wanted them to do.
Do you really want a Trump/Tucker President and VP?
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Hall of Famer [22393]
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Did Biden call anyone to assemble, give a speech down the street firing them up
Jan 19, 2024, 5:18 PM
[ in reply to I dont understand how you ] |
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and then direct them to march on any buildings and tell them anything like "We fight like hell. And if you don't fight like hell, you're not going to have a country anymore."
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CU Guru [1071]
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Re: I dont understand how you
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Jan 19, 2024, 5:19 PM
[ in reply to I dont understand how you ] |
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“Intellectuals” cannot grasp the idea that “go to the Capitol and make your voice heard” is any different than what BLM/Abortion/Palestinian/LGBT activists do on the regular.
Did he say the election was a fraud, yes and the loopholes that democrats have provided give that illusion, that is their fault.
However, Trump never told anyone or encouraged them to pass the barriers or go through the police. It’s all a complete farce. Just like the other 9000 indictments and impeachments that gain zero traction. It’s all political games.
I wonder if they think Maxine Waters is for insurrection since she told her supporters to verbally abuse and yell at Republican house members members if they are seen in public?
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Orange Blooded [3520]
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Re: I dont understand how you
Jan 19, 2024, 6:20 PM
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You’ll get back to us when you find support that verbal abuse and yelling is considered equivalent to beating and killing LEO’s won’t you?
And for what it’s worth…I don’t think people should be verbally abusing or yelling at anyone…left, right, or otherwise.
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All-TigerNet [13155]
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Several Leos died in 2020 riots; none at the Capitol.
Jan 20, 2024, 9:47 AM
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Go round up antifa, blm and all your other friends and prosecute them. Or shut the fk up.
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All-In [34598]
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Orange Blooded [3520]
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Re: I dont understand how you
Jan 19, 2024, 6:40 PM
[ in reply to I dont understand how you ] |
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Your argument seems to be at odds with the old ‘guns don’t kill people…’ adage. Trump played around with a figurative gun for months leading up to the election, sowing doubt and mistrust in the election process and in the institutions charged with carrying it out. He then loaded this figurative gun by inviting people to DC to rally/protest on J6, working them into a frenzy, and then pointing it/them in the direction of the Capitol.
He knew what he was doing…Sure, he didn’t join them (he only takes money from rubes…he could never actually be near them) or come out and blatantly ask people to storm the capitol…I mean, who would be that stupid? All he did was set things in motion and hope. If he didn’t want it to happen, he would have naturally been horrified and called for a halt immediately…he didn’t…and he didn’t for HOURS.
Keowee likes to joke that if Trump were guilty of what they say, then he should be put before a firing squad. That would actually be too good for him. The damage he did to the country is irreparable in my opinion. That anyone who calls themselves an American or a patriot still supports him after that day is beyond me. I have no respect for them…not now…not after all we know. Whether Trump is ever found guilty of anything should be irrelevant…for any rational Patriotic American should have disqualified him long ago.
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110%er [6155]
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Hall of Famer [22393]
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That's what his lawyers are arguing in their latest brief.
Jan 19, 2024, 3:53 PM
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He can appear on the ballot and be elected. They are also saying he can actually hold the office if he can get 2/3rds of the House and Senate vote to exempt him prior to taking office.
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All-In [47799]
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I think it is a fair argument.
Jan 19, 2024, 4:04 PM
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but we all know he's not getting a 2/3 vote in the Congress.
One wrinkle is that, in the case of Sen. Holt, it was an option simply not to seat him until he turned 30. the senate was just down one vote.
However, what happens if on inauguration day Trump remains ineligible, i.e., he has not received the 2/3 vote absolving him? If the VP elect is eligible, I assume per the 20th Amendment he/she becomes acting president?
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Hall of Famer [22393]
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I don't know the answer to that question, but another insurrection seems
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Jan 19, 2024, 4:08 PM
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likely.
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CU Medallion [60043]
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If they keep monkeying around with the system
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Jan 19, 2024, 4:10 PM
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and allow all mail in voting, felons, illegals to vote…..you are more than likely looking at some crazy #### happening. People are sick of it all.
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Orange Blooded [3520]
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Re: If they keep monkeying around with the system
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Jan 19, 2024, 4:43 PM
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Please let us know when someone starts doing any of those things on a scale large enough to matter.
What people should be sick of is being manipulated by bad actors trying to convince them the system is rigged.
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Oculus Spirit [81078]
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All-In [34598]
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^^^POTD^^^***
Jan 19, 2024, 7:43 PM
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All-In [40353]
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it also creates a little philosophical paradox
Jan 19, 2024, 7:38 PM
[ in reply to I think it is a fair argument. ] |
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We elect the senators and house members to represent us, the people, right?
So we elect them to perform their duties. Then we elect a president that needs this 2/3 vote from the congress to be able to be inaugurated. However, the very officials we elected to represent us could very well vote not to absolve him and thus keep him out of office.
Imagine the fallout if the winner of the voting by the people is not voted into office by the officials elected to represent the people.
Then what?
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110%er [9032]
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Re: keeping Trump off the ballot? review the case of Rush Holt, Sr.
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Jan 19, 2024, 5:20 PM
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you sound like a dictator
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All-TigerNet [13155]
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People that say insurrection are ignorant, and easily impressionable.***
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Jan 19, 2024, 5:40 PM
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All-In [34598]
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Yall idiots thought Hunter's laptop was Russia, Russia, Russia. Go $$$$ yourselv
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Jan 19, 2024, 7:41 PM
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es
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