Excerpted from Biden vs. Trump: The Makings of a Constitutional Crisis
by Bruce Ackerman, Sterling Professor of Law and Political Science at Yale University
and Gerard Magliocca, Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law
First published 1 February 2022 on Politico
[ Editor’s note: Go to Politico and read this engrossing piece in its entirety. Scroll down beyond the popups, put your thinking cap on, and read on about the heart stopping ins and outs of the 2024 election that lurk beyond the hairpin turns on the mountainside. Contemplate what our global adversaries will be doing while America is taking a constitutional recess from its podium of superpower, i.e. diddling around in the back room.
Some Americans seem to be playing with fire, throwing the “civil war” concept around. That would only be survivable in a cartoon universe. Civil wars have long lasting multigenerational fallout.
But Professors Ackerman and Magliocca lay out a direction for the courts to take that would clarify the Disqualification Clause (Section 3 of the 14th Amendment), and scrutiny from which Trump cannot escape. Erica P. Wissinger ]
Donald Trump is already signaling that he will run for president in 2024… The next election will provoke a genuine constitutional crisis, unless decisive steps are taken soon to prevent it….
… if Joe Biden’s term expires on Jan. 20, 2025 before Congress has designated a clear successor, the speaker becomes acting president until the House acts decisively.
This is a recipe for disaster. America will be governed by a temporary caretaker president while Democrats and Republicans denounce each other’s nominee on Capitol Hill.
Trump and Biden will both present themselves to Chief Justice John Roberts on Jan. 20 to take the oath of office — but so will the speaker of the House. How will Roberts resolve his trilemma?
American history provides no precedent — yet he must choose. But will other government officials accept his choice?
Most importantly, the chair of the Joint Chiefs of Staff must agree with him. Otherwise, the armed forces will recognize a different president as their “commander in chief.”
Unless he and Roberts agree, Democratic and Republican loyalists will demonstrate throughout the nation, insisting that their candidate rightfully belongs in the White House.
American democracy may never recover from this collapse of the rule of law.
… Justice Neil Gorsuch authored an opinion in 2012 that explicitly upheld a state’s “legitimate interest” in excluding presidential primary “candidates who are constitutionally prohibited from assuming office.”
Will he and his fellow conservatives redeem their own commitment to the Framers of the 14th Amendment by taking a case onto their docket that makes it clear that Trump cannot put himself above the Constitution?
Or will the court pretend that nothing extraordinary is happening and allow the country to stumble into the abyss?
Read the article at,
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Disqualification Clause was created after 1866 by the winners of civil war as a tool political proscription in revenge against those who participated in the losing side and these who want to use it in present day again, same in the past, is just proscription pure and simple, for ban someone, but situation is not same of before. Following that path does not appear a good idea and that will turn Trump in a political martyr.
I’ve been thinking about this for a year:
1) When did Foundational Black Americans (FBA), those of us whose ancestors were kidnapped from Africa, Buck-Broken, condemned to perpetual institutionalized chattel slavery by Calvinist christians, and finally subsequently condemned to perpetual Jim Crow – EXACTLY WHAT DATE did FBA BEGAN to live in a “Democracy?” “I’LL WAIT…”
2) Has this country EVER been a so-called “Democracy?” “I’LL WAIT…”
3) And should FBA resist actively participating in the frauds of perpetuating “democracy” and “bringing ‘Democracy’ to foreign governments?” “I’LL WAIT…”
Public Service Message: Remember…not all white people are white SUPREMACISTS, and not all white supremacists are white PEOPLE.
Monarchy demands loyalty. Democracy demands empathy for the majority. The executive branch actually has very little affect on the majority of issues for the majority of people.
The power in the US , currently could be symbolized by coffee. There are certain things or processes we have obtained that if removed, would be intolerable to the majority. If a couple has a 4,000 sq ft house on 10 acres with 3 children, 2 dogs and a cat, I pity the supplier of that situation, who must now explain to the family, that they must move into a 700 sq ft apartment that does not allow pets. For myself, I might move to where they grow coffee, if our country stopped allowing it to be shipped in. Is this a real danger ? No. And yes, US people are this shallow. The Trumpers are awakening late, but they are thirsty “for how things work”. This does not bode well, for the cons and the selfish.
I have zero faith that any process will be legitimate or desirable, just like our election process at least since 2000. Justice Roberts? Please. After Citizens United, who in their right mind would expect anything but totalitarian moves by the SC? Has the SC EVER done the right thing in the first go? Refresh my memory. How long did it take for a ruling that blacks were entitled to the same rights as whites? Election 2000 marked the end of any sort of rulings that were in the true spirit of the constitution. The rise of the neoCONs has given rise to their lackeys on the SC, just as the neoLIBTARDs have joined with them to present a false front of choice. They both speak fluent yiddish. These are the people that are going to make a honest call? As for Biden/Tramp…neither are worth spitting on. From Ukraine to Yemen, Biden has done nothing but continue exacerbate the situations and continue the same criminal . Tramps only real mission was/is to destroy the US and sink us further into bed with the criminal Zionist state.
At this point anything that is done, is just to further division. Chaos is their milieu wherein they can accomplish their goals, peace and order is anathema to them. There is NOTHING they can do to get rid of Tramp that would satisfy his dupes, it will only serve to continue and escalate chaos, which is their goal. Until the Zionist infiltration is revealed as the world-wide criminal enterprise that it is, it’s grip on FP, finance, media and gov will not end. Here’s a suggestion for the SC, make a ruling that being a dual citizen is a disqualification of office. Then revoke CU and foreign cash in elections. Pardon me if I don’t hold my breath on that. When the gov starts re-instituting things like Glass-Steagal, then I might be encouraged. Otherwise it’s all smoke and mirrors promoting authoritarian goals. But please don’t mess with the FED, my heart couldn’t stand the shock.
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