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re: Wednesday or other SCOTUS experts, is this a trap?

Posted on 12/20/23 at 7:54 am to
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124667 posts
Posted on 12/20/23 at 7:54 am to
quote:

My hot take is that I think the CO decision is wrong bc Section 3 of the 14th amendment needs enabling legislation from Congress and congress passed a law where insurrection is a crime.
The case has been heard, and Trump was acquitted.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425778 posts
Posted on 12/20/23 at 7:59 am to
quote:

The case has been heard, and Trump was acquitted.

That doesn't make any sense.

That would mean that Congress would be impotent to assess a claim of insurrection without an impeachment proceeding. Clearly that would be an absurd reading of the clause.

There is no association with impeachment and the process to analyze potential insurrection. They're two completely separate processes with completely separate Constitutional sourcing.
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