Why? Because Originalism....Duh!

By R. Suave
4 Mar 2024 11:47 am in No Holds Barred Political Forum
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Cannonpointer
3 Mar 2024 12:51 pm
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98% Macho Man
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Huey » 03 Mar 2024, 1:22 pm » wrote:
You need to try that again.  It appears you did not read the entire sentence:

Bit I will say You are not a constitutional lawyer.  I am not a constitutional lawyer.  I would bet there are none here.  I will wait for the Supreme Court decision.
I'm a Constitutional lawyer. Ask my dad - he'll tell ya. 

Oh, wait. He was murdered recently. You can't ask him. 

I have a sycophant. He'll vouch for me. 
When you complain, ur friends roll their eyes and ur enemies rejoice

"Because I SAY I am" is a todler's tantrum, not "science"

You cannot betray me - only yourself, to me.

Who cuts off your dick is not a friend

An opinion you won't defend is not your own

Humanity's Law of the Jungle: Survival NOT of the fittest, but of the tribe

When peeing in the pool, stand on the edge

If gender is not sex, why should a gender claim change what sex you shower with?
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Majik
3 Mar 2024 12:53 pm
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R.Suave » 03 Mar 2024, 12:07 pm » wrote: "But how can Grifty be deprived of a place on the ballot without a Conviction? Derp!"

None of the ex-Confederates excluded from office after the amendment went into effect were prosecuted for insurrection.......But one need not have been proved beyond a reasonable doubt to have engaged in insurrection in order to be disqualified from public office. Disqualification is a constitutionally imposed disability, not a punishment for a criminal offense

ibid.
There was no insurrection .....
The entire false narrative you have blindly fallen for was totally contrived by the Democrats and their RINO establishment counterparts and was propagated by The Establishment media mouthpiece's ....
The funny part of your stupidity in this particular case is how you believe that Disqualifying your opposition based on propaganda somehow doesn't constitutionally affect those voters that are your opposition  in those states where you are trying to disqualify Trump.

The SCOTUS will have no choice but to rule in favor of Trump because of the ramifications to the constitution if they do not ......in effect if they do not rule in favor of Trump ....They themselves will be creating a constitutional crisis ......








​​​​​​
 
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Huey
3 Mar 2024 1:26 pm
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Cannonpointer » 03 Mar 2024, 1:51 pm » wrote: I'm a Constitutional lawyer. Ask my dad - he'll tell ya. 

Oh, wait. He was murdered recently. You can't ask him. 

I have a sycophant. He'll vouch for me.

How did he die this time?
BV is in question time out indefinitely, until he takes the pledge to answer questions one for one.

The Pledge viewtopic.php?f=3&t=100927
Popular Vote Totals 2024 viewtopic.php?p=2685476#p2685476
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Cannonpointer
3 Mar 2024 1:31 pm
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98% Macho Man
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Huey » 03 Mar 2024, 2:26 pm » wrote: How did he die this time?
He was murdered by 4 Justices of the Colorado Supreme Court. 

Three others were on his side - they wrote a scathing rebuke of the other 4's decision. 

That's the who. You can guess the how: blunt force trauma.

Yep. They threw the book at him  :omg:  
When you complain, ur friends roll their eyes and ur enemies rejoice

"Because I SAY I am" is a todler's tantrum, not "science"

You cannot betray me - only yourself, to me.

Who cuts off your dick is not a friend

An opinion you won't defend is not your own

Humanity's Law of the Jungle: Survival NOT of the fittest, but of the tribe

When peeing in the pool, stand on the edge

If gender is not sex, why should a gender claim change what sex you shower with?
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Mrkelly
3 Mar 2024 1:43 pm
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Cannonpointer » 03 Mar 2024, 2:31 pm » wrote: He was murdered by 4 Justices of the Colorado Supreme Court. 

Three others were on his side - they wrote a scathing rebuke of the other 4's decision. 

That's the who. You can guess the how: blunt force trauma.

Yep. They threw the book at him  Imagemg:
hell of a way to go 

[img]blob:bbc4746d-4330-4832-bf9e-8d8db5b2d8a3[/img]
https://weedmaps.com/learn/wp-content/u ... 68x512.jpg
 
 
Image
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Huey
3 Mar 2024 2:18 pm
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Cannonpointer » 03 Mar 2024, 2:31 pm » wrote: He was murdered by 4 Justices of the Colorado Supreme Court. 

Three others were on his side - they wrote a scathing rebuke of the other 4's decision. 

That's the who. You can guess the how: blunt force trauma.

Yep. They threw the book at him  Imagemg:
:rofl:   :clap:  
BV is in question time out indefinitely, until he takes the pledge to answer questions one for one.

The Pledge viewtopic.php?f=3&t=100927
Popular Vote Totals 2024 viewtopic.php?p=2685476#p2685476
BV's Sporter Losshttps: viewtopic.php?p=2610828#p2610828
BV 33 miles: viewtopic.php?p=2747521#p2747521
Sources viewtopic.php?p=2589152#p2589152
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Vegas
3 Mar 2024 2:49 pm
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Cannonpointer » 03 Mar 2024, 12:45 pm » wrote: He genuinely believes he is posting "facts." He does not realize he is posting rather specious arguments that will NEVER actually stand up in a court of law. 

What the fruitcake does not realize is that even if Trump COULD be removed from the ballot, this will only happen in deep blue states. So far, Maine, Colorado and Illinois have removed him.  Of course, he is still on the ballot in all three states, pending appeal. The removal will almost certainly fail - but I would not dare bet the farm on it, these days. The attempt to remove him failed in liberal Washington State (and a dozen others), and was not appealed. NOT THAT IT MATTERS. Trump isn't going to win a single elector out of Washington, because it is winner take all and the more populous western half is going democ rat.

There being but two states whose electors are not winner take all (Nebraska and Maine),it matters not a whit if California successfully removes Trump from the ballot. This is just thayatah. And of COURSE, the gay boy is invested. Those types ADOAH thayatah.
Exactly. 
He posts opinionated pieces that support his undying hatred for Trump. Then he turns around and pretends he posted evidence. 
Blackvegatble's hypcorisy summed up in one post: [/size]
Blackvegetable » 7 minutes ago » wrote: ↑7 minutes ago
Very simple questions...

From which you are running...



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*GHETTO BLASTER
3 Mar 2024 2:53 pm
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R.Suave » 03 Mar 2024, 12:01 pm » wrote: You know how the reflexive response of slack jawed, FOX nursing, MAGAt cretins to the matter of Grifty's Disqualification under Section 3 of the 14th Amendment is 

"B...b...b...b...but where's the conviction, for Insurrection? Due Process...Derp!"

?

Your patient explanation, to the effect that no conviction is required, is met with disbelief....or worse...

Let this put that particular matter to rest..

if the appeals court were to rule in Trump’s favor, it would have no effect on his disqualification, as the constitutional bar is not based on any conviction for any criminal offense. Although insurrection is indeed a federal crime under 18 US Code § 2383, it became one only in 1948, and it is in any case irrelevant to disqualification under the Constitution. None of the ex-Confederates excluded from office after the amendment went into effect were prosecuted for insurrection.

https://www.nybooks.com/articles/2024/0 ... n-wilentz/

Are we good with this, kids...

Cause there's more.
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FOS
3 Mar 2024 2:56 pm
FOS
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Cannonpointer » 03 Mar 2024, 12:31 pm » wrote: Sorry, gayboy, but no one has been disqualified under sec 3 WITHOUT a criminal conviction since 1870. And due process IS a thing, you **** fruit - whether you like it or not. 

Even if Trump COULD be simply politically "assumed" to have committed an unpunished act of insurrection in spite of more than half the country believing otherwise (and this bloc being the one that CAN tell a male toddler from a female by understanding the science of biology), he could still qualify for the Amnesty of 1872 by affecting a drawl. 

You have a little stupid there on your chin. Other side. 

It's still there.
What this theater DOES accomplish, however, is convincing every intelligent person all over the world that the usa is not a serious country. Our politics are no different from your average 'third world' country...in fact our politics seem no different from some primitive African country attempting to cargo cult some republican form of government.

regardless, we are allowed to shoot missles at people based on the premise that we are experts at which countries are 'real democracies'....Israel and the Ukraine, of course. 
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sole
3 Mar 2024 3:44 pm
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Hey R.Suave, you should do a thread of origins, not originalism to ideologies governing tomorrows, today's new results so far.
R. Suave
3 Mar 2024 4:53 pm
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Perhaps if I put it in terms you understand.

Picture Dubuque.

Picture Delaware.

See what I'm saying?
R. Suave
3 Mar 2024 4:58 pm
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Majik » 03 Mar 2024, 1:53 pm » wrote: There was no insurrection .....
The entire false narrative you have blindly fallen for was totally contrived by the Democrats and their RINO establishment counterparts and was propagated by The Establishment media mouthpiece's ....
The funny part of your stupidity in this particular case is how you believe that Disqualifying your opposition based on propaganda somehow doesn't constitutionally affect those voters that are your opposition  in those states where you are trying to disqualify Trump.

The SCOTUS will have no choice but to rule in favor of Trump because of the ramifications to the constitution if they do not ......in effect if they do not rule in favor of Trump ....They themselves will be creating a constitutional crisis ......


​​​​​​
With the law and the facts against them, the Trumpists and the apologetic pundits alike have started pounding the table, trying to raise doubts about whether Trump engaged in any kind of insurrection at all. This has led to some diverting speculation and oddball debates over what, exactly, constitutes an insurrection. ...

To satisfy the Supreme Court majority, an originalist inquiry would be in order; but once more, originalism ends up working to Trump’s disadvantage. Graber has again done the essential work. Upon close examination of Anglo-American legal texts on treason and insurrection dating back to Edward III in the fourteenth century, but with special attention to American law from the founding through the start of Reconstruction, he has identified four elements that define an insurrection: 1) an assemblage of people; 2) engaged in resisting a federal law; 3) using force or the threat of force with intimidating numbers; 4) with a public purpose or, in the words of Justice Samuel Chase in 1800, an “object of a great public nature, or of public and general (or national) concern.” Engaging in insurrection need not mean actually being present to commit the violence or intimidation. On all four counts, the well-established facts of Trump’s activities and spoken words on January 6 and over the preceding weeks squarely fit an originalist definition.

ibid.

 
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Warcok
3 Mar 2024 5:02 pm
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R.Suave » 03 Mar 2024, 5:58 pm » wrote: With the law and the facts against them, the Trumpists and the apologetic pundits alike have started pounding the table, trying to raise doubts about whether Trump engaged in any kind of insurrection at all. This has led to some diverting speculation and oddball debates over what, exactly, constitutes an insurrection. ...

To satisfy the Supreme Court majority, an originalist inquiry would be in order; but once more, originalism ends up working to Trump’s disadvantage. Graber has again done the essential work. Upon close examination of Anglo-American legal texts on treason and insurrection dating back to Edward III in the fourteenth century, but with special attention to American law from the founding through the start of Reconstruction, he has identified four elements that define an insurrection: 1) an assemblage of people; 2) engaged in resisting a federal law; 3) using force or the threat of force with intimidating numbers; 4) with a public purpose or, in the words of Justice Samuel Chase in 1800, an “object of a great public nature, or of public and general (or national) concern.” Engaging in insurrection need not mean actually being present to commit the violence or intimidation. On all four counts, the well-established facts of Trump’s activities and spoken words on January 6 and over the preceding weeks squarely fit an originalist definition.

ibid.
YOU GOT HIM NOW!!
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*GHETTO BLASTER
3 Mar 2024 5:09 pm
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R.Suave » 03 Mar 2024, 5:53 pm » wrote: Perhaps if I put it in terms you understand.

Picture Dubuque.

Picture Delaware.

See what I'm saying?
You're the idiot who claims Golden Retrievers are by far the worst dogs and that there's no such things as SubSaharan  ******.     :rofl:  
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*rippy38
3 Mar 2024 5:11 pm
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R.Suave » 03 Mar 2024, 5:58 pm » wrote: With the law and the facts against them, the Trumpists and the apologetic pundits alike have started pounding the table, trying to raise doubts about whether Trump engaged in any kind of insurrection at all. This has led to some diverting speculation and oddball debates over what, exactly, constitutes an insurrection. ...

To satisfy the Supreme Court majority, an originalist inquiry would be in order; but once more, originalism ends up working to Trump’s disadvantage. Graber has again done the essential work. Upon close examination of Anglo-American legal texts on treason and insurrection dating back to Edward III in the fourteenth century, but with special attention to American law from the founding through the start of Reconstruction, he has identified four elements that define an insurrection: 1) an assemblage of people; 2) engaged in resisting a federal law; 3) using force or the threat of force with intimidating numbers; 4) with a public purpose or, in the words of Justice Samuel Chase in 1800, an “object of a great public nature, or of public and general (or national) concern.” Engaging in insurrection need not mean actually being present to commit the violence or intimidation. On all four counts, the well-established facts of Trump’s activities and spoken words on January 6 and over the preceding weeks squarely fit an originalist definition.

ibid.
 
Vegas » 03 Mar 2024, 3:49 pm » wrote: Exactly. 
He posts opinionated pieces that support his undying hatred for Trump. Then he turns around and pretends he posted evidence.
 Nailed it @Vegas   

:rofl:  
 
 
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people
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Vegas
3 Mar 2024 5:12 pm
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RedheadedStranger » 03 Mar 2024, 6:11 pm » wrote:
 Nailed it @Vegas   

Image

I love the strikethroughs.  :rofl:   :rofl:   :rofl:   Nice touch. 
Blackvegatble's hypcorisy summed up in one post: [/size]
Blackvegetable » 7 minutes ago » wrote: ↑7 minutes ago
Very simple questions...

From which you are running...



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R. Suave
3 Mar 2024 5:51 pm
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FOS » 03 Mar 2024, 1:20 pm » wrote: I don't know what your real purpose for this post was...and I won't even assume that you have one.

but if you are trying to change anyone's mind, this is a remarkably stupid strategy.

Do you know why people like Trump? Because you hate him...and they hate you. Because the establishment t hates him, and they hate the establishment.

When you show up and point out that 'akshually according to this technical legal code here and there that our establishment made Trump is breaking a law and should be punished!'...nobody is going to give a ****. It just makes them hate you and the establishment more, and like Trump more. 

All politics and all power is based fundamentally on illusion. No matter what you write down in a book that you put the label 'law' on...what really happens in the world depends solely on how many people feel a desire or a duty to shoot their guns at your enemies. That requires some sort of persuasion. Maybe they love you, maybe they fear you. Being hated is the worst of all options...maybe you can make people fight for you because they fear you...nobody will fight for you because they hate you.
I don't know what your real purpose for this post was...and I won't even assume that you have one.
To demonstrate how painfully ignorant you are...

QED.
Do you know why people like Trump? Because you hate him...and they hate you. Because the establishment t hates him, and they hate the establishment.
Child, please..."the establishment"?
"The Man"?
"Mister Charlie"?
When you show up and point out that 'akshually according to this technical legal code here and there that our establishment made
Flash!

The Übermensch isn't a guy in a fake tan farting through a panty shield.
R. Suave
3 Mar 2024 5:53 pm
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Vegas » 03 Mar 2024, 3:49 pm » wrote: Exactly. 
He posts opinionated pieces that support his undying hatred for Trump. Then he turns around and pretends he posted evidence.
Take a moment and characterize yours.
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ConsRule
3 Mar 2024 5:57 pm
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The argument to the OP is that insurrection was not a crime under the US Code when they were granted immunity, therefore a charge or conviction was not possible. Someone cannot be charged with, of convicted of, a crime that doesn't exist. As the OP mentioned, insurrection was not made a federal crime until 1948. After that point, since Congress enacted legislation to enforce the amendment, a criminal conviction is now necessary.
R. Suave
3 Mar 2024 6:04 pm
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ConsRule » 03 Mar 2024, 6:57 pm » wrote: The argument to the OP is that insurrection was not a crime under the US Code when they were granted immunity, therefore a charge or conviction was not possible. Someone cannot be charged with, of convicted of, a crime that doesn't exist. As the OP mentioned, insurrection was not made a federal crime until 1948. After that point, since Congress enacted legislation to enforce the amendment, a criminal conviction is now necessary.
No, it isn't.
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