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NBC News Reports on 1868 Ruling That Could Keep Donald Trump From Serving Again

@WhiteTallon

NBC News just put this up today, although it's been talked about for years now online. In case you didn't know, the 14th Amendment disqualifies those who "engaged in insurrection" from serving again. How will this affect Donald Trump? Several states are trying to remove him from the ballot saying he's not eligible to run, even though he hasn't even been charged with, let alone convicted of, insurrection.

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NBC News get everyone who's been asleep since Trump announced his candidacy up to date:

[Chief Justice Salmon] Chase’s [1868] rulings have taken on new relevance as the Supreme Court hears Trump’s plea that he not be removed from the Republican primary ballot in Colorado. He is seeking to throw out a Colorado Supreme Court ruling that said he is ineligible under Section 3 because of his role in seeking to overturn the 2020 presidential election results in a series of events that led to the Jan. 6, 2021, attack on the Capitol.

“I don’t know that any one case or any one justice from the past is going to be the dominant kind of theme or a talisman that the court looks at,” said Vikram Amar, a professor at the University of California Davis School of Law, who filed a brief that mentions Chase’s rulings.

This time around, Chase ruled that “legislation by Congress is necessary” for someone to be disqualified under the 14th Amendment, in part because of the far-reaching consequences of invalidating thousands of decisions made by officials with similar Confederate backgrounds to the judge in Griffin’s case.

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Before getting into the tall grass, prove to us that there was an "insurrection" at all. If it were Democrats, January 6 would have been called a "mostly peaceful protest."

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NBC News notes that "the history is relevant in part because several members of the conservative-majority Supreme Court put considerable weight on how people would have understood constitutional provisions at the time they were written."

This is wish-casting. Trump will be on the ballot, and if he's not, Joe Biden will disappear from a lot of state ballots.

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