The trial over an effort in Minnesota to keep former President Donald Trump off of the 2024 ballot began Thursday at the state Supreme Court as a similar case continued in Colorado.
The lawsuits in both states allege Trump should be barred from the 2024 ballot for his conduct leading up to the Jan. 6, 2021, riot at the U.S. Capitol. They argue Trump’s efforts to overturn the 2020 election results violated Section 3 of the 14th Amendment to the Constitution, which says no one who has “engaged in insurrection or rebellion” after swearing an oath to support and defend the Constitution can hold office.
A group of Minnesota voters, represented by the election reform group Free Speech for People, sued in September to remove Trump from the state ballot under the 14th Amendment provision. The petitioners include former Minnesota Secretary of State Joan Growe and former state Supreme Court Justice Paul H. Anderson.
Huh?
OP is referring to this, and I’m not sure how to interpret it.
If they’re already elected and serving then Congress has to decide how they’re punished.
This makes sense cuz Congress has its own ethic committees.
They’re broke. And ineffective but they’re there.
The text of the 14th amendment says Congress gets to take a vote on the issue.
Not exactly.
It says:
The distinction is that congress can- with a 2/3’s vote of both the Senate and Representatives- remove the prohibition, not that they have a say in him being barred.
In any case, good luck getting a 2/3’a majority vote in either body, nevermind both.
Didn’t Clinton and Obama lead the charge to override that for McCain back in 2008? If I recall correctly, he was born on a military base or something that technically might not have been the US, so they did the right thing and made it a non-issue. Of course the GOP responded in kind by spending the next 8 years claiming Obama was lying about being born in the US. Stay classy, GOP.
I’m not really sure what the relevance here is?
McCain was a US citizen- but he was born on a US military base in Panama (because his parents were stationed there.) They were both US citizens. There is absolutely no reason to believe McCain was inelligible because he was not a “natural born” citizen. (IIRC, the distinction is that one was always a US citizen, that is, your parents were both citizens and you inherited citizen ship from them, as apposed to having been a citizen of elsewhere and having immigrated to the US.)
it was basically a bullshit excuse. and while you’re right, the GOP didn’t return the favor with Obama… this is a patently different matter.
The 14th amendment says that 2/3rds of Congress can vote to override citizenship requirements, I pointed to an example where that’s actually happened in recent history where some were arguing that a presidential candidate might not be eligible to run (https://www.nytimes.com/2008/07/11/us/politics/11mccain.html), Congress voted to make that a non-issue, and you don’t see the relevance? Ok, guess I can’t really help ya much more. Have a good day, I guess?
wut??? where? The full text:
Section three says that congress can allow somebody who has engaged in insurrection to be eligible. it says nothing about allowing naturalized citizens to be made eligible by congress.
Further, in point of fact, the McCain thing had everything to do with technicalities of vaguley described definitions. Some idiots were arguing that McCain was inelibible because he wasn’t born on US soil. Despite having two parent who were both US citizens- and were in Panama on military orders.
Finally, Congress did not pass a law or do anything that had the force of law to support McCain, or to make him ineligible when he was not. it was a non-binding resolution that basically said, “hey we see this bullshit.” McCain was already eligible because he was a citizen by birth… the idiots were trying to argue that he was ineligible because he wasn’t born on US soil which… is stupid.
And again, McCain is largely irrelevant.
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They don’t hold 2/3 vote of both houses. Zero chance congress would overturn the ruling (granted the final ruling would have to come from the US supreme court).
14a3 presumes he’s disqualified. Do you have a cite why it would have to come from SCOTUS? That’s not in the constitution
I suppose it doesn’t. They could call a vote on it at any point. But I don’t imagine they would unless provoked by a ruling. If they didn’t want him to lose in a single state, they could call it now and those state cases would go away. If they are waiting for that, then they know it will be appealed and would likely wait for the SCOTUS. Because why not? Why spend that political capital when it is likely to be unnecessary. MAGA hurt them a lot in the midterms.
But you are right. They can technically call it. I should have been more clear. Given that they haven’t yet, they are likely waiting for outcomes if they are going to at all. It’s also possible that aside from the MAGA nutjob faithfuls (looking at you MTG) they really want him to be done. And even if they don’t, to stop before it had a supreme court ruling would be basically admitting he was part of an insurrection, but you want to support him anyways.
Is anything in the SCOTUS does in the Constitution? This is the same court that is letting states fund religious schools.
Nope, it says congress can vote to give traitors a pass but that just being a traitor is enough to disqualify you