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In reply to the discussion: I suspect the Supreme Court will punt on Colorado... [View all]dpibel
(2,927 posts)36. About those enemies
Very often when some hapless person right on this website would say Trump had committed treason, they would be told by a multitude of scolds that a mere adversary is not an enemy for purposes of treason, but there must instead be an actual war on, hence Mr. Trump ought not be accused of treason.
FWIW, this is from a Law Review note on the subject.
An enemy, for purposes of the treason clause, is defined as only subjects of a foreign power in a state of open hostility towards the U.S.[6] Finally, the crime of treason by aiding an enemy can only be committed during a time of war.[7] Thus, to be convicted of treason by aiding an enemy, a person must give aid or comfort to a subject of a foreign power openly at war with the U.S. and the person must do so with an intent to betray the U.S.
Given the strong parallel between the language of Article III, Section 3 and 14th Amendment, Section 3, I think there'd be little doubt that people crossing the border do not constitute an enemy for Constitutional purposes.
I really think at some point we have to stop arguing against doing the right thing because MAGA will do the wrong thing. MAGA will do the wrong thing regardless.
And the fact remains: Courts all over the country, in blue states and red, rejected all of the Trumpist lawsuits about the 2020 election. I'm not sure why people are so certain that the outcome would be different with a frivolous 14th Am. DQ case against Joe Biden, or a Democrat to be named later.
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They may well do that because if they rule against Trump the insurrectionist
bucolic_frolic
Jan 2024
#1
Some ex-Confederates were disqualified from serving in Congress after the civil war
DemocraticPatriot
Jan 2024
#34
And yet, this SCOTUS could overturn the CO ruling because of the absence of a conviction
Fiendish Thingy
Jan 2024
#26
"...trying to guess which imaginative hook they will hang their hats on..."
LudwigPastorius
Jan 2024
#41
The 14th also disqualifies someone found to have "given aid and comforts to the enemies , thereof"
MichMan
Jan 2024
#32
It's a moot point because President Biden will beat any Republican on the ballot by 20 points
MichMan
Jan 2024
#39
A big thing that a lot here seem to miss also. we were actually at war, then. nt
yagotme
Jan 2024
#61
I agree - the older I get the more I dislike the US concept if "United" States.
walkingman
Jan 2024
#3
Do you oppose states being allowed to legalize marijuana in violation of federal laws?
MichMan
Jan 2024
#33
No, I think it should be legalized in every state. Actually I would prefer decriminalized
walkingman
Jan 2024
#43
But since it isn't legalized on the Federal level, is it ridiculous for states to do so ?
MichMan
Jan 2024
#44
Absolutely not. ☮ Just another example that each state is like another country.
walkingman
Jan 2024
#58
I think they'll say that enforcement of Section 3 needs to be legislated by the US Congress
maxsolomon
Jan 2024
#4
Section 4 hasn't been legislated, either. See: the annual debt-ceiling farce.
maxsolomon
Jan 2024
#14
That is the only thing I have seen so far that seems reality-based and plausible.
Maru Kitteh
Jan 2024
#18
Yeah. The confederate states will totally agree with that and forget the whole thing.
Maru Kitteh
Jan 2024
#20
Of COURSE it is. And if anyone is expecting anything nobler from Trump's MAGA SCOTUS...
B.See
Jan 2024
#16
The fix is that they have a supermajority on the Supreme Court and can do whatever they want
Prairie Gates
Jan 2024
#19
I'm starting to think they will use the political question doctrine to say courts cannot determine whether Trump
tritsofme
Jan 2024
#15
Its not the voting that is at issue here.... it qualification to serve
getagrip_already
Jan 2024
#56