Using the 14th Amendment to keep Trump off the ballot

[Swordsmyth]

Unfortunately, the 14th is completely silent on the topic of how the restriction actually works and how it and the 1st amendment interact. If you're an originalist, all you have to go off of is how it was spoken of in debate and utilized after the Civil War.


It's so unclear that no matter how someone attempts to implement it, it'll end up in front of the Supreme Court.

Point to the actual war that happened.
That's the originalist question.

 

[TheCount]

Point to the actual war that happened.
That's the originalist question.

Given your previous takes on the constitution and other matters, I certainly don't think you much of an originalist.

 

[Occam's Banana]

"By Any Means Necessary" isn't just for leftists & Democrats.

What else is a RINO?

Ron Paul is a RINO.

So is Thomas Massie.

Rand Paul is too, most of the time.

 

[nobody's_hero]

Ron Paul is a RINO.

So is Thomas Massie.

Rand Paul is too, most of the time.

We should change that. Instead of, I dunno, accepting it.

 

[Swordsmyth]

Ron Paul is a RINO.

So is Thomas Massie.

Rand Paul is too, most of the time.

Bunk.

 

[Occam's Banana]

Ron Paul is a RINO.

So is Thomas Massie.

Rand Paul is too, most of the time.

Bunk.

Oh, that's right, I forgot - Thomas Massie is just a "third-rate grandstander".

Thanks for the correction.

 

[Occam's Banana]

What else is a RINO?

https://twitter.com/TexasLindsay_/status/1696173851934150729

 

[Anti Federalist]

New Hampshire Secretary of State Backs Down, ‘Not Seeking’ to Remove Trump from Ballot

https://www.breitbart.com/politics/...e-backs-down-not-seeking-remove-trump-ballot/

JORDAN DIXON-HAMILTON 28 Aug 2023

New Hampshire Secretary of State David Scanlan told NBC News on Monday he is “not seeking to remove any names” from the Republican primary ballot after Turning Point USA Founder Charlie Kirk urged his supporters to call Scanlan’s office following reports Scanlan was weighing using the Fourteenth Amendment to keep former President Donald Trump off the ballot.

On Friday, Scanlan met with New Hampshire attorney Bryant “Corky” Messner to discuss Section 3 of the Fourteenth Amendment, which says public officials are not eligible to hold office if they “engaged in insurrection or rebellion against” the United States.

Scanlan openly flirted with the idea of keeping Trump off the ballot, telling the Boston Globe he would confer with New Hampshire’s attorney general on the issue.

“Not being a lawyer and not wanting to make a decision in a vacuum, I will be soliciting some legal opinions on what is appropriate or not before I make any decision,” Scanlan told the Globe. “I have some in-house staff attorneys that are election experts. I will be asking the attorney general’s office for their input. And ultimately whatever is decided is probably going to require some judicial input.”

Charlie Kirk speaking with attendees at the June 3, 2022, Young Women's Leadership Summit hosted by Turning Point USA at the Gaylord Texan Resort & Convention Center in Grapevine, Texas. (Gage Skidmore/Flickr)
Charlie Kirk speaking in Grapevine, Texas. (Gage Skidmore/Flickr)

Then, Kirk urged his supporters on Monday to contact Scanlan and express concern with the potential effort to use the Constitution to keep Trump off the ballot.

“I don’t care if you live in New Hampshire or not. It should be a nationwide movement of people contacting, because this impacts everybody,” Kirk said on his show. “We’re gonna break the phone lines and say, ‘Who do you think you are for even entertaining this?’”

That same day, Scanlan told NBC News he is “not seeking to remove any names from the presidential primary ballot, and I have not said that I am seeking to remove any names from the presidential primary ballot.”

Kirk warned Breitbart News, “We must stay vigilant against any and all efforts to stop Trump from being on the primary ballot.”

“The grassroots are watching and active,” Kirk added.

Regarding Friday’s meeting between the two, Scanlan said Messner “made a presentation to me about what he is thinking in terms of making a challenge to the former president’s qualifications.”

“I listened, just as I would listen to anybody that wants to come in with issues related to any candidate’s qualifications one way or the other,” Scanlan added. “I intend to be prepared by seeking appropriate legal input so that when the time comes to make a decision on those challenges, to qualifications, that I can respond appropriately with the facts.”

New Hampshire Secretary of State David M. Scanlan attends the summer conference of the National Association of Secretaries of State in Baton Rouge, La., Friday, July 8, 2022. (AP Photo/Matthew Hinton)
New Hampshire Secretary of State David M. Scanlan attends a summer conference July 8, 2022. (AP Photo/Matthew Hinton)

New Hampshire GOP Chairman Chris Ager, who appeared on Kirk’s Monday show, called efforts to keep Trump off the ballot “antithetical to our ‘live free or die’ spirit.”

Ager said in a statement:

Efforts to deny New Hampshire Republican primary voters a full slate of options are antithetical to our “live free or die” spirit. The New Hampshire State Republican Party will fight all efforts to eliminate candidates from our primary ballot. I have confidence in our secretary of state and attorney general to make the right decisions. Let voters decide the nominee, not a weaponized federal justice system using tortured logic.

Ager remains “confident” that New Hampshire will keep Trump on the primary ballot.

“I’ve talked to the secretary of state,” Ager said. “I’ve talked to the attorney general. I am very confident that all of the 14 current candidates who apply will be on our ballot.”

 

[Occam's Banana]

https://twitter.com/AuronMacintyre/status/1696628018884575323

 

[Brian4Liberty]

On what actual basis? Charges? Are we not innocent until proven guilty in America? Or is the Deep State really going to go full-retard on this one?

Basis? No "basis" is necessary in Amerika, comrade.

 

[Brian4Liberty]

https://twitter.com/JesseKellyDC/status/1696913525854097528

 

[ClaytonB]

Basis? No "basis" is necessary in Amerika, comrade.

Ah yes, I understand now that you explained it that way. It all makes sense now.

 

[Invisible Man]

On what actual basis? Charges?

The wording of the 14th Amendment is ambiguous about that, as the Constitution often is, most likely intentionally, so as to give the powers that be enough discretion to make up the rules as they go along.

 

[Matt Collins]

Can Trump be denied ballot access with 14th Amendment?

https://www.youtube.com/watch?v=vRuIoncni4k​

 

[69360]

Possibly, it will be up to a judge to decide for the primary, his case won't make it through the courts yet.e

If he is convicted in the Jan 6th case, I would say almost surely he will be disqualiifed for the general election.

 

[Dr.3D]

Gunna be pretty hard to prove he got the FBI to go along with the whole Jan 6 thing.

 

[TheCount]

Maybe. Nobody knows.

 

[Anti Globalist]

Gunna be pretty hard to prove he got the FBI to go along with the whole Jan 6 thing.

Democrats will probably argue Trump tried to threaten many FBI officials but ultimated failed to get them on his side.

 

[Matt Collins]

https://www.youtube.com/watch?v=u4ZDp-6vciw

 

[Occam's Banana]

https://twitter.com/NBCNews/status/1699490238198927440