this post was submitted on 09 Nov 2024
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[–] FlyingSquid@lemmy.world 93 points 2 weeks ago (2 children)

Likely? Try definitely. Or did PolitiFact forget who controls the House?

[–] fukhueson@lemmy.world 45 points 2 weeks ago* (last edited 2 weeks ago) (1 children)

Of course they won't, but damn they should.

Because of Congress’ current political makeup (Republicans control the House) — that almost certainly won’t happen by Jan. 20, when Trump will be sworn in as the 47th president.

[–] _bcron_@lemmy.world 18 points 2 weeks ago

I was gonna say that the reaction from doing this would probably be worse than his presidency if there's absolutely no plausible deniability, but then I thought "naw fuck it, it's the rule of law, let's fucking go go go"

[–] finitebanjo@lemmy.world 3 points 2 weeks ago (2 children)

We actually don't know who controls the house, yet. Republicans need 7 more representatives, Democrats need 17, votes are still being counted.

[–] fahfahfahfah@lemmy.billiam.net 21 points 2 weeks ago (1 children)

That doesn’t take effect until January

[–] finitebanjo@lemmy.world 9 points 2 weeks ago

Ah yeah, thats right, ty.

[–] FlyingSquid@lemmy.world 6 points 2 weeks ago

I think we know.

[–] LodeMike@lemmy.today 85 points 2 weeks ago (1 children)

Didn't the supreme court say they didn't give a fuck about the constitution?

[–] fukhueson@lemmy.world 21 points 2 weeks ago (1 children)

https://www.lawfaremedia.org/article/what-the-supreme-court-got-wrong-in-the-trump-section-3-case

Under the Court’s approach, only Congress has the power to determine which people are to be disqualified and under what procedures—at least when it comes to candidates for federal office and officials holding those offices. The majority claims that Congress’s Section 5 power to enact “appropriate” legislation enforcing the 14th Amendment is the exclusive mode of enforcing Section 3.

There are several flaws in the Court’s analysis. The most basic is that there is no good reason to believe that Section 5 is the exclusive mode of enforcing Section 3. As the Colorado Supreme Court emphasized in its ruling, Section 5 empowers Congress to enforce not just Section 3 but also every other part of the 14th Amendment, including its protections against racial and ethnic discrimination, the Due Process Clause, and more. These other provisions are considered to be self-executing, under long-standing federal Supreme Court precedent. Section 5 legislation is not the exclusive mode of enforcement for these other parts of the amendment.

Thus, state governments and federal courts can enforce these provisions even in the absence of congressional Section 5 enforcement legislation. Otherwise, as the Colorado Supreme Court notes, “Congress could nullify them by simply not passing enacting legislation.” Why should Section 3 be any different? Monday’s Supreme Court decision doesn’t give us any good answer to that question.

As the Supreme Court ruling notes, following its landmark precedent in City of Boerne v. Flores (1997), Congress’s Section 5 power is “remedial” in nature: It must be “congruent and proportional” to violations of the amendment it is intended to remedy. If Section 5 legislation is remedial in nature, including when it comes to enforcing Section 3, that implies some other entity—state governments and federal courts—has the initial responsibility for ensuring compliance with Section 3. The role of Section 5 is to remedy violations of that duty, not to be the exclusive enforcement mechanism.

[–] Sweetpeaches69@lemmy.world 3 points 1 week ago

Who watches the watchmen?

[–] Mostly_Gristle@lemmy.world 77 points 1 week ago (1 children)

The Democrats have had an entire decade to offer some kind of meaningful opposition and didn't bother. Why would they start now?

[–] sygnius@lemmy.world 28 points 1 week ago (5 children)

That's incorrect. There's a lot of obstruction from Republicans to allow Democrats to do anything since most decisions required 2/3rds vote to pass. Democrats could not convict Trump of impeachment with 57% of the vote since they needed more Republicans to push it over 2/3rds.

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[–] LANIK2000@lemmy.world 45 points 2 weeks ago (1 children)

Lol, as if there aren't a million other things the fucker could be processed for. We got a...

  1. Convicted rapist (oh sorry... "responsible for" rape, not a conviction, MY BAD!?!), someone who can't stop making sexual remarks when his daughter is next to him and was close to Epstein back in 2002, saying he was a terrific guy and even knew about his interest in women “on the young side”.

  2. Someone that has committed more acts of treason than we could know, including: giving Putin classified documents, like lists of SS agents that are now dead. The SS has tracked down a murdered people for FAR less, the fact that he isn't on a hit list is beyond damming for the US as a "world power".

  3. I feel like I barely even have to mention is all of his fraudulent "businesses". I mean that's the only thing he actually got convicted of, because it's so blatant and easy to do.

The fact this guy not only isn't behind bars, but isn't on a international wanted DEAD list, tells ya everything you need to know.

[–] Modern_medicine_isnt@lemmy.world 4 points 1 week ago (1 children)

How do you know he isn't on the intel communities hitlist. They still have time. Vance for pres in 2025.

[–] Boddhisatva@lemmy.world 5 points 1 week ago (2 children)

What makes you think Vance wouldn't be worse? He's knee deep in Project 2025 and seems more than willing to see that through to the end.

Vance doesnt have Trumps cult of personality for one, for two once the orange fuckwit dies there will almost certainly be a feeding frenzy to fill the power void. Its entirely possible he could be a lame duck by default simply because the other Republicans are stabbing each other and wont listen.

Vance is just ambitious, he doesn’t idolize hitler, putin and kim

[–] nxn@biglemmowski.win 20 points 2 weeks ago

He's eating the sections. He's eating the amendments. Of the people that live. There.

[–] Gerudo@lemm.ee 16 points 2 weeks ago (5 children)

As much as I would love to see that, it would 100%, without a doubt, cause blood in the streets. Jan 6th would look like a beach vacation compared to what they would do if congress blocked it.

[–] fukhueson@lemmy.world 36 points 2 weeks ago (1 children)

Should we accept that the threat of violence get in the way of justice?

[–] xmunk@sh.itjust.works 13 points 2 weeks ago (1 children)

There was a window to bar him from office using a technique like this and it was before the election.

Unless the theory is something substantial changed between 11/5 and now this is an absolutely awful idea.

[–] fukhueson@lemmy.world 2 points 1 week ago (1 children)

That does not answer my question.

[–] Gerudo@lemm.ee 1 points 1 week ago (1 children)

In a perfect world, yes, justice rules supreme for everyone.

In our actual world, if congress overturned the election (which is exactly what it would be), you think the already frothing at the mouth far right wouldn't go apeshit? Imagine if the far right overturned a democraticly elected Democrat. We would lose our shit.

I am all for using every law and policy available to stop fascists. Overturning a seemingly fair election outcome, where the president elect was voted in by electorate AND popular vote is NOT one of those ways.

[–] fukhueson@lemmy.world 1 points 1 week ago

If there was a Democrat who did what Trump did, I'd not hesitate to enforce the law because I was afraid of the consequences.

[–] jaggedrobotpubes@lemmy.world 27 points 1 week ago

As opposed to...blood in the streets over a four year period and then also after?

[–] nxn@biglemmowski.win 9 points 2 weeks ago* (last edited 2 weeks ago)

On J6 one piece of their trash was taken out and they all immediately ran. If anyone should be scared about what happened on that day it should be MAGA.

[–] BallsandBayonets@lemmings.world 6 points 2 weeks ago

It could prevent more blood being spilled over a larger time period however. Definitely a "nuke vs ground invasion" dilemma where there are no good options.

[–] RubberElectrons@lemmy.world 2 points 1 week ago

Down. Let's fuck em up.

[–] muntedcrocodile@lemm.ee 9 points 2 weeks ago (1 children)

If they did that ud have civil war.

[–] SeaJ@lemm.ee 4 points 1 week ago (1 children)

And then we get Vance. Joy.

[–] HRDS_654@lemmy.world 6 points 1 week ago (1 children)

NGL, I'm more scared of Vance than Trump.

[–] SeaJ@lemm.ee 5 points 1 week ago

Then we can bitch and moan that Vance got no votes in the primary and was anointed the presidency.

[–] kerrigan778@lemmy.world 2 points 2 weeks ago
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