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Donald Trump discussion Thread IX (threadbanned users listed in OP)

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Comments

  • Moderators, Recreation & Hobbies Moderators Posts: 23,067 Mod ✭✭✭✭Brian?


    All the odious little sycophants will, sooner or later. Most already have.


    No matter how many times he commits treason or insults their wives.

    they/them/theirs


    The more you can increase fear of drugs and crime, welfare mothers, immigrants and aliens, the more you control all of the people.

    Noam Chomsky



  • Registered Users, Registered Users 2 Posts: 1,187 ✭✭✭I.R.Y.E.D


    Without a doubt, serious lack of balls and spine evident



  • Moderators, Sports Moderators, Paid Member Posts: 31,605 Mod ✭✭✭✭Podge_irl


    The Constitution can not be unconstitutional by definition.



  • Moderators, Sports Moderators, Paid Member Posts: 31,605 Mod ✭✭✭✭Podge_irl




  • Registered Users, Registered Users 2 Posts: 13,708 ✭✭✭✭aloyisious


    Its the 14th amendment and section 3 that I'm referring to, not the constitution itself as a whole. The amendment was introduced after the civil war to ensure that former confederate officials and military officers could not get public office. The continued existence of such persons now is unlikely, unless there is an attempt to revive the southern confederacy creating a new threat to the union of the US.



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  • Registered Users, Registered Users 2, Paid Member Posts: 983 ✭✭✭MICKEYG


    Right, but once it is in the constitution it is constitutional by mistake.

    It can be charged, a tough process in the US, and may even contradict other parts of the constitution but it is still constitutional.



  • Registered Users, Registered Users 2 Posts: 13,708 ✭✭✭✭aloyisious


    The internet provided me with this in answer to the question: can the USSC strike down as unconstitutional an amendment to the US constitution?

    The Supreme Court can strike down any law or other action by the legislative or executive branch that violates the Constitution. This power of judicial review applies to federal, state, and local legislative and executive actions.

    There is a rider that the Constitution does not specifically provide for the power of judicial review but given what is above and the fact that Trump has gone to the USSC as an arbiter on the wording of the amendment, it should mean [on the face of it] that he would accept its ruling whichever way it rules.

    He being Trump can intend otherwise but the higher appeal court [the voter] is already in play. I don't believe that he can get enough people to attend another large "peaceful" rally in Washington DC again to protest another losing election.



  • Registered Users, Registered Users 2 Posts: 13,708 ✭✭✭✭aloyisious


    He asked Putin for help in a previous presidential election bid indicating that he will accept foreign interference in the election if it will get him into office. There's not much more to say about his ability to corrupt the US presidential election system.



  • Registered Users, Registered Users 2, Paid Member Posts: 983 ✭✭✭MICKEYG


    Right, but that is a law and all constitutions have this process. But we are talking about the wording of the constitution itself, not a law.



  • Registered Users, Registered Users 2 Posts: 13,708 ✭✭✭✭aloyisious


    I reiterate that what being questioned here is the meaning of the wording of an amendment to the constitution and a section within it, not the constitution itself. The constitution is an act of law in itself. All government in the US springs from it's lawfulness, including the method of making amendments to the constitution.

    Even Trump has asked the USSC on a point of law for a certainty in what the wording of the amendment means: Is the Office of the Presidency a public office within the word and meaning of the amendment? Trump and Biden have both gone to the public electorate seeking election to that office in the past, Trump twice. If that does not make the office 0f the presidency a public office, I honestly don't know what is.



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  • Moderators, Sports Moderators, Paid Member Posts: 31,605 Mod ✭✭✭✭Podge_irl


    The internet should have just provided you with the answer "No".

    The SC are the ultimate arbiters indeed of what the Constitution means, but I really don't understand what you are trying to say here.



  • Registered Users, Registered Users 2 Posts: 13,708 ✭✭✭✭aloyisious


    I believe that the USSC does have the legal power under the constitution to rule that the words "public office" contained in the disbarment clause do apply to the office of the presidency and those seeking election to that office.

    We do agree that the USSC is the ultimate arbiter of what the constitution means. That has to include the meaning and reach of the words in the disbarment from public office clause contained within that constitution as well. Just because no previous USSC bench has made a decision on it does not mean the present USSC bench cannot do so.

    Trump has asked the USSC to be the arbiter if the office he is seeking election to is a public office or not. He clearly hopes the USSC rules that the presidency is NOT a public office as defined in the disbarment clause. If the USSC finds it is not a public office as defined in the disbarment clause of the amendment then he is home free in the run for that office. If the USSC finds that the presidency is a public office as defined in the disbarment clause then he has lost one of his strongest arguments against being disbarred by the different states under their own state laws from the state ballot papers. It would also protect the right of the individual States to decide who can run for public office using the State public office ballot system to boot where the disbarment cluse is concerned.



  • Moderators, Sports Moderators, Paid Member Posts: 31,605 Mod ✭✭✭✭Podge_irl


    Ok sure, all of this is fine.

    It just has nothing to do with finding the amendment unconstitutional, which is not in their power.

    The most likely outcome from oral hearings seems to be that they will just find it not within the power of individual states to decide, which seems like off reasoning to me. Though oral hearings don't always give the right impression of the final outcome.



  • Registered Users, Registered Users 2 Posts: 13,708 ✭✭✭✭aloyisious


    The argument that the USSC cannot make any finding on the constitutionality of amendments made to the constitution does not ring true to my mind. It would in effect be neutering themselves.

    If you don't mind, I'll sidestep that debate between us when it comes to Trump and the way different states want to control their own state laws and their understanding of the disbarment clause as it affects their own state election boards decisions on having candidates running for public office in their states, agreeing to disagree as it were.



  • Moderators, Sports Moderators, Paid Member Posts: 31,605 Mod ✭✭✭✭Podge_irl


    An amendment to the Constitution is the Constitution. That it is an amendment gives it no less weighting. It can not, by definition, be Unconstitutional.



  • Registered Users, Registered Users 2 Posts: 13,708 ✭✭✭✭aloyisious


    I suggest you take a look at how the 14th amendment was formulated and passed into law as one of the reconstruction amendments by by the Republican Congress and opposed by the former confederacy.

    The amendment is merely part of the constitution, not the whole. If the amendment was found by the USSC to be unconstitutional, it would not invalidate the constitution as a whole or call the whole into doubt. To argue otherwise is not, IMO, a valid argument.



  • Moderators, Sports Moderators, Paid Member Posts: 31,605 Mod ✭✭✭✭Podge_irl


    If the amendment was found by the USSC to be unconstitutional

    This is not possible!

    There is absolutely no suggestion that the amendment was improperly inserted. Once it is ratified, it is part of the constitution, it can not by definition be unconstitutional. The SC has zero power over what is in the Constitution, only to interpret it.



  • Registered Users, Registered Users 2 Posts: 13,708 ✭✭✭✭aloyisious



    Is it your argument that the USSC, if a citizen stated a case before it on the legal standing of a part of the constitution and the court decided the citizen's case had reached the level of validity and public importance for it to hear it, that the court had no legal right to hear the citizens case, let alone grant the citizen a hearing?

    What would you say if the USSC differed with your opinion of its power?

    Edit: I did not suggest that the amendment was improperly inserted [into the constitution].

    Post edited by aloyisious on


  • Moderators, Sports Moderators, Paid Member Posts: 31,605 Mod ✭✭✭✭Podge_irl


    I am struggling to understand what you think the point of this is?

    Amendments are not legislation and the SC has no authority over them.



  • Registered Users, Registered Users 2 Posts: 13,708 ✭✭✭✭aloyisious


    I posted the link to you as it showed what the USSC could do and has done. I don't know what your point is with your reference that amendments are not legislation and the SC has no authority over them. Maybe you mean that legislation is open to the authority of the USSC for ruling on validity.

    I do take the point that the USSC seems to have no purpose where it comes to what politicians put across the floor of congress for approval as it does not seem to have any means of enforcing any ruling it makes on matters put before it for ruling on, making any rulings the USSC valueless unless the rulings are accepted by the politicians.



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  • Site Banned Posts: 5,279 ✭✭✭political analyst


    If the Founding Fathers intended the President to be immune from prosecutions for actions he or she took while in office then presidential immunity would be stated in the US Constitution. The Supreme Court of the United States (SCOTUS is the correct acronym) would never rule that a serving or former President is entitled to something that isn't mentioned in the Constitution, would it?



  • Registered Users, Registered Users 2 Posts: 13,708 ✭✭✭✭aloyisious


    The founding fathers were gents of an honourable kind [unlike the last presidential office holder] and would probably not have imagined a president like Trump being in power. Even Benedict Arnold had the good grace to exit the continental USA for a foreign country after his acts of betrayal. Hopefully the SCOTUS would not rule so on Trump's plea that he had presidential immunity AFTER he left office.



  • Moderators, Sports Moderators, Paid Member Posts: 31,605 Mod ✭✭✭✭Podge_irl


    Is it your argument that the USSC, if a citizen stated a case before it on the legal standing of a part of the constitution and the court decided the citizen's case had reached the level of validity and public importance for it to hear it, that the court had no legal right to hear the citizens case, let alone grant the citizen a hearing?

    What would you say if the USSC differed with your opinion of its power?

    Edit: I did not suggest that the amendment was improperly inserted [into the constitution].

    How can a part of the Constitution not have legal standing? What does that even mean?

    We are going in circles on this. It is not definitionally possible for a part of the Constitution to be unconstitutional. The Supreme Court's job is to interpret the Constitution as it stands, they can do absolutely nothing whatsoever about the document itself.



  • Registered Users, Registered Users 2 Posts: 13,708 ✭✭✭✭aloyisious


    I am at a loss as to why you keep asking me questions not pertinent to what I wrote so, apart from these few words, I will not be responding to you in future as the difference of opinion between us on the abilities of SCOTUS is clearly unbridgeable by you. Have a good day.



  • Registered Users, Registered Users 2 Posts: 37,438 ✭✭✭✭odyssey06


    The Founding Fathers would have horse whipped someone like Trump, or tarred and feathered, or just shot him in a duel.

    They would never have intended a man like Trump to be anywhere near the office of the President.

    "To follow knowledge like a sinking star..." (Tennyson's Ulysses)



  • Registered Users, Registered Users 2 Posts: 6,781 ✭✭✭Flaneur OBrien


    Probably would have felt the same about Obama, tbf.



  • Moderators, Science, Health & Environment Moderators Posts: 20,566 Mod ✭✭✭✭Sam Russell




  • Registered Users, Registered Users 2 Posts: 13,708 ✭✭✭✭aloyisious


    The GOP has lost the Long Island seat formerly held by George Santos to Democrat Tom Suozzi reducing the numerical hold the GOP has in the House. The candidate the GOP ran in the special election was Mazi Pilip and she has been blamed for the loss by the likes of Marjorie Taylor Greene, claiming that the GOP should not have expelled Santos from the party, that Pilip was a horrible candidate, a registered democrat who apparently hated Trump.

    MTG's claim that Pilip may have been a registered Democrat but ran as a Republican in the election may be a hint that the GOP might try to claim the election was rigged against the GOP. Trump said "Republicans never learn, she didn't endorse me, maybe she was still a Democrat?".

    The loss of the seat to the Democrats comes just after the House GOP managed to impeach the Admin's Secretary with responsibility for the southern border area and immigration control there on charges of failing in his task there. If his trial goes ahead, it'll be in the Senate where the Democrats hold the majority. It looks like it'll be another loss for Trump and the GOP there, though he will probably step away from the mess and blame the GOP for it.



  • Registered Users, Registered Users 2 Posts: 13,708 ✭✭✭✭aloyisious


    In a move that seems to have surprised Rep Matt Gaetz, the former speaker of the House Kevin McCarthy on a Tuesday visit to Capitol Hill, passed comment on Gaetz's house resolution to defend Trump from accusations of leading an insurrection on Jan 6th 2020 and shield Trump from legal challenges to kick him off the 2024 ballot around the country. McCarthy also made reference to Gaetz and the ethics committee hearing into him, claiming Gaetz had asked him to do something about it [while speaker] but he told him he couldn't as it would have been illegal. He also referred to Gaetz as "probably also lying about whom he sleeps with too". Gaetz said 70 members of the house had joined him in the resolution, had moved on, and asked why he had not moved on, referring to McCarthy as the disgraced former speaker.

    It seems the GOP members on the Hill are still intent on gutting themselves as much as gutting the Democrats.



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  • Registered Users, Registered Users 2 Posts: 7,869 ✭✭✭Brussels Sprout


    McCarthy bent over backwards to appease the bunch of lunatics with Gaetz at their centre and they still ousted him anyway. I'd imagine he despises him.



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