Previous holdings of the Supreme Court have found that the president is an officer. There is a distinction between an officer of the United States and an employee, maybe that's what you were referring to. |
While Trump's attorneys at the supreme court today denied Trump was responsible for an insurrection they did concede that he fomented a riot in the US Capitol, which...is a felony. |
I have lost respect for all three branches of our government, and their bastardization of the Constitution. |
Isn't it horrifying how one man can wreck all of our institutions because...of his strong personality? It's pitiful. The Supreme Court is pititful. |
No one has been charged let alone convicted of insurrection. |
We do vote for officers - the electors who elect the President. |
So? Here is the text of the Fourteenth Amendment (it doesn't say anything about being charged or convicted): Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. |
SCOTUS doesn’t determine facts, ever. |
So what you are saying is I can just say Joe Biden is an insurrectionist? Or do will have some other steps. |
You can say the sky is green. That doesn't make it so. Normal people know that what happened on January 6 was an insurrection. Not a big insurrection, just a little one. With a little bit of rioting and a little bit of violence and injury. The Constitution doesn't say it has to be a big insurrection, a little one is disqualifying too. |
All three levels of the Colorado judiciary determined after a weeks long civil proceeding that Trump engaged in an insurrection. |
No, but they do decide whether procedures are sufficient for due process, whether the procedures were followed, whether the decision was supported by evidence, what the standard of evidence should be, who bears the burden of proof, etc. They could have gone into any of that stuff if they thought the factual findings were wrong. They didn't. |
Hmmm I have a vague recollection that Congress passed a resolution saying that John McCain was a natural born citizen to keep any state from potentially challenging this. He was born in Panama while his dad was stationed there but not in the Canal Zone IIRC. |
No, because the term limit is not a disability that can be removed by Congress. |
Apparently neither is insurrection. Or at least, it doesn't matter. (Yet.) |