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Mainers, not Maniacs know that Previous Guy is wicked wicked and deserves to be ballot-disqualified [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']
Date: 2023-12-29
Maine Secretary of State Shenna Bellows: "In reviewing the facts presented, the evidence, the law, the history, we determined under Section 3 of the 14th Amendment that Mr. Trump engaged in insurrection, and therefore was disqualified." pic.twitter.com/zRJA7OCOWf
The nature of the specific right and the context in which it's asserted also influence the determination.
The Colorado decision opens the way not just for more whining about witch hunts but for unprecedented confusion about whether and where Donald Trump is on the ballot.
https://t.co/vubpvB0weY pic.twitter.com/xHNHM6tW8v
Section Three covers a broad range of conduct against the authority of the constitutional order, including many instances of indirect participation or support as “aid or comfort.” It covers a broad range of former offices, including the Presidency. And in particular, it disqualifies former President Donald Trump, and potentially many others, because of their participation in the attempted overthrow of the 2020 presidential election.
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Section Three remains legally operative as part of the U.S. Constitution. Its rule of disqualification is general, not limited to the Civil War era. It states a rule of law embodied in the written constitutional text as permanent fundamental law. It possesses prospective force and applies to new situations: wherever the rule applies, the rule applies. And while Congress comprehensively relieved insurrectionists of the disability of disqualifications incurred prior to 1898, it did not (and could not) erase Section Three from the Constitution. Section Three remains in force.
The Sweep and Force of Section Three 172 U. PA. L. REV. (forthcoming 2024) William Baude & Michael Stokes Paulsen
akhilamar.com/...
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