Reply to Colorado case. To keep Trump off ballot

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Okay so when the Supreme Court reverses this because it violates due process are progs going to riot? It will be reversed [/quote]

You don't know what you're talking about. The Supreme Court would have to upend a lot of due process law to accomplish that. Even if you regard the ability to seek office as a property or liberty right, usually all due process requires is notice, a meaningful opportunity to be heard, and a neutral decision-maker. He got all that in the five day trial where he was represented by counsel, presented evidence, and had his case decided by a member of the judiciary. 
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+1. Without getting into whether I agree, I expect this to get reversed, but it'll be on political question grounds, not due process.[/quote]
+1 I’m sure it will be reversed because enough of them will want to reverse it. Curious about how they justify getting there, though.[/quote]

I think it'll be stayed, but not reversed, on presumed innocence grounds because he hasn't been convicted yet.[/quote]

Guilt, innocence, and presumption of innocence has nothing to do with it. This is not a criminal proceeding. How often does that have to get said before it sinks in?

If you're under 35, a court can still keep you off the ballot even if you're not convicted of being under 35. It's a question of fact for the court to determine; just like whether you've engaged in insurrection. Confederate officers were excluded from office even though they were never convicted of anything. [/quote]

Of course it has to be a criminal proceeding. Barring someone from the ballot on the 14th Amendment is a function of engaging in a [u]crime [/u]and a serious one at that as insurrection is only one step removed from treason.

Both the 14th Amendment, which guarantees due process of law and the 6th Amendment which guarantees a trial by jury and a right to face one's accuser have been violated.  Colorado claims to have held a hearing and they did at their district court level but they did not issue an arrest warrant for Trump nor compel him to appear in the dock and therefore he has had no substantive due process.

You guys keep switching sides depending on what your strategy is.  If it's not a crime, then the 14th amendment doesn't apply.

So, make up our minds for us, and STICK with an argument.[/quote]

The Constitution does not say "convicted" but rather "engaged" - the plaintiffs proved Trump engaged in the insurrection. Y'all can't have it  both ways on being textural with respect to the plain language of the Constitution.[/quote]

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