Colorado Supreme Court Disqualifies Trump on the 2024 ballot

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  • jwamplerusa

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    Hm, that's a good suggestion. Ill look into it

    @march19

    For contemporaneous scholarly works on the Constitution, I suggest the following documents. All are in the public domain and can be found on the Internet.

    Commentaries on the Constitution by Justice Joseph Story

    BLACKSTONE'S COMMENTARIES WITH NOTES OF REFERENCE TO THE CONSTITUTION AND LAWS OF THE FEDERAL GOVERNMENT OF THE UNITED STATES AND OF THE COMMONWEALTH OF VIRGINIA. St. George Tucker.

    William Rawle Jr
    A View of the Constitution of the United States of America

    And for a more second amendment focused and more recent document; THE RIGHT TO KEEP AND BEAR ARMS
    Report of the Subcommittee on the Constitution United States Senate
    Ninety-Seventh Congress

    As a United States citizen it is incumbent for all of us to have at least have a basic understanding of the document that is the base for our nation. It is not an abstract document, rather it is quite literally the documented ideological base for our nation's existence. Well crafted defining a system of government which was intended to protect to the maximum extent the rights of the individual citizen.

    Being an American citizen is not about family, clan, tribe, or ethnicity or race. It is about the acceptance and unwavering support of the ideologies espoused in the declaration of Independence and the Constitution of the United States. Regardless of how one worships, the color of their skin, or any of a myriad other differences we all bleed red. The basic concept of America has been to come here in agreement with the principles of the Constitution and to defend it at all costs.

    The American ideal is a two-way street we welcome those who embrace the ideals. Those who do not are absolutely free to leave. Complete a department of State form DS 4080 go to the nearest US embassy or consulate and any current United States citizen can end their citizenship.

    Though I have spent some of my free time reading about and researching the Constitution and other contemporaneous documents, I still find myself being educated by those far more knowledgeable than myself here on INGO.
     
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    KG1

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    On the other hand, since state legislators have the sole authority over the manner in which elections are conducted, shouldn’t the state legislature be able to throw Trump if Biden off the ballot? Pesky Feds meddling in state matters. :):
    Paging @Ingomike
     

    KG1

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    I think it’s 9-0 middle finger to the Colorado’s SC ruling. 8-1 if Sotomayor gives in to her nutty “Wise Latino” partisan shtick.
    That seems to be the opinion of most legal pundits I have seen of the way this will be decided. In any event the Colorado SC majority decision will be shot down by a SCOTUS majority and that will be the end of the individual States patchwork nonsense approach on this issue.

    Trump will be on the ballot barring an "insurrection"" conviction and any subsequent action taken by Congress to enforce the provision of the 14th Section 3 granted to them by Section 5. which is highly unlikely to take place on both counts.
     
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    jamil

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    That seems to be the opinion of most legal pundits I have seen of the way this will be decided. In any event the Colorado SC majority decision will be shot down and that will be the end of the individual States patchwork nonsense on this issue.

    Trump will be on the ballot barring an "insurrection"" conviction and any subsequent action by Congress to enforce the provision of the 14th Section 3 which is highly unlikely to take place on both counts.

    I think the court ruling won't be as narrow as people are predicting. I think it would be just broad enough to end all the state litigation going on. It's a federal matter. And I think they might rule that re: 14A enforcement, it's up to the US congress anyway. They may also rule that the 14A doesn't apply to the POTUS, given some of the back and forth in the oral arguments.
     

    chipbennett

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    I don't think the situation has anything to do with the electoral college. I think the electoral college only comes into play when there is a popular vote. I think they are discussing the situation when a candidate is not allowed on a state ballot.

    Thats enough of me thinking, I will let them respond
    Yes, the Electoral College comes into play. The contingent election happens when one candidate fails to get 270 electors from the EC.
     

    chipbennett

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    Now of course Trump had to step on his dink a little in remarks following the hearing that the MSM will most assuredly exploit by rump apparently saying that J6 was an insurrection only that it was caused by Nancy Pelosi. :facepalm: Luckily SCOTUS does not appear to be focused on that issue.


    Trump made this comment after the hearing in which his legal representation made an extensive effort in their argument when the issue came up briefly that what happened on J6 was not an insurrection.

    "They kept saying about what I said right after the insurrection," he said outside Mar-a-Lago after arguments concluded in Washington, D.C. "I think it was an insurrection caused by Nancy Pelosi."
    Extemporaneous statements made by any individual aren't evidence that an insurrection, as defined by federal statutes, took place. What happened on J6 was not, by definition, an insurrection. Trump saying otherwise changes nothing.
     

    chipbennett

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    Eh, I don't think in this case. I strongly suspect SCOTUS is going to protect their turf. This is a federal issue not a state issue. I think Roberts is very protective of the federal court system, especially SCOTUS. I think if there were a swing vote on the conservative side of the court, it's Roberts. I think he'll overturn Colorado.
    Swing votes won't be necessary. By the nature of oral arguments, this one looks to be at least 8-1, if not 9-0, in favor of Trump.
     

    jamil

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    State Houses don't matter. State delegations within the US House of Representatives are what matter. So, Indiana is an "R" vote. California is a "D" vote. Etc.
    That’s if there’s an electoral tie. But, in the context of Roberts’s point, I think an electoral tie is not any more likely than the outcome given both major party candidates are on all states’ ballots. It would only affect states
    That split their electors according to popular vote in the state.
     

    chipbennett

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    I think the court ruling won't be as narrow as people are predicting. I think it would be just broad enough to end all the state litigation going on. It's a federal matter. And I think they might rule that re: 14A enforcement, it's up to the US congress anyway. They may also rule that the 14A doesn't apply to the POTUS, given some of the back and forth in the oral arguments.
    Narrow in scope, or narrow in margin of victory? Because it might possibly be the former (especially with an expected patchwork of concurrences), but shouldn't at all be the latter.
     

    chipbennett

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    That’s if there’s an electoral tie. But, in the context of Roberts’s point, I think an electoral tie is not any more likely than the outcome given both major party candidates are on all states’ ballots. It would only affect states
    That split their electors according to popular vote in the state.
    It doesn't require an electoral tie. It only requires that no candidates achieve 270 EV. (EVs can be challenged/thrown out/etc. - or a third candidate could get EVs.)
     

    jamil

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    Swing votes won't be necessary. By the nature of oral arguments, this one looks to be at least 8-1, if not 9-0, in favor of Trump.
    Completely agreed. But, I was just saying, if there would be a conservative side defection, it would be Roberts. But as I said, he’s all about protecting the federal courts’ purview. He’s not gonna defect on this one. If it’s not Unanimous, it’ll be The Wise Latina Woman voting her ideology. Kanji Brown I think will rule against CO.
     

    Ingomike

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    On the other hand, since state legislators have the sole authority over the manner in which elections are conducted, shouldn’t the state legislature be able to throw Trump if Biden off the ballot? Pesky Feds meddling in state matters. :):
    “state legislators have the sole authority over the manner in which elections are conducted”, no they do not. They have sole authority in the manner electors are chosen for their respective states, nothing to do with presidential qualifications…
     

    Leadeye

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    Eh, I don't think in this case. I strongly suspect SCOTUS is going to protect their turf. This is a federal issue not a state issue. I think Roberts is very protective of the federal court system, especially SCOTUS. I think if there were a swing vote on the conservative side of the court, it's Roberts. I think he'll overturn Colorado.

    I agree, and I wasn't very clear. What I meant to infer was that the further up the government hierarchy you move decisions the more money comes into the decision.

    SCOTUS will almost certainly decide against colorado. Like you said, it's their turf, and Rogers would not want his name associated with what would have been a history making mess if they decided otherwise
     
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