I have a question: While doing some research about this supreme court, I noticed the following information from https://constitution.congress.gov/browse/essay/amdt14-S3-1/ALDE_00000848/ Does this mean that section 3 of the 14th amendment has been repealed?
No. First, an amendment may only be repealed on the ratification of 3/4ths of the States. The idea that this section allows 5 nuts on the Colorado Supreme Court to potentially decide a Presidential election took quite a beating today. As Justice Brown pointed out - it the framers of the 14th amendment, wanted it to apply to the President, why wasn't the President, included in the list of offices it applied to? Chief Justice Roberts wonders, since the 14th Amendment is designed to limit the power of the States, why would it make sense to adopt a reading that enhances the power of the states? It's amazing how Trump Derangement Syndrome rots the mind. Justice Kagan wonders: "why a single state should decide who gets to be President of the United States." https://ace.mu.nu/
Maybe they didn't think that it had to be spelled out specifically. Maybe they thought it would be understood with the phrasing as they made it. They had to know and anticipate that their words would be dissected so aggressively in the future.
You're claiming ambiguity where there is none. They included a list that does not include the office you want included. Government posses NO just powers that We The People didn't grant it. We never granted anyone the right to strip the voters of the right to select the president, based on the idea that a group of nimrods don't like Trump and don't want the voters to be able to select him. That's the way I expect the Court to rule, but of course, we'll have to wait for their decision.
I think effectively Section 3 of the 14th was made moot by Congress' removal of all disabilities in 1898.. Though there was further action in the 1970s that related to a unique one off circumstance involving pardoning. However, 100% of the focus on Section 3 was the Confederacy, though not explicitly mentioned, so it is conceivable that Trump has nothing to do with the Confederacy. This would make for another loophole in the ardent and incessant push to get Trump on something no matter how bizarre, made up (but with some plausible basis). The fact that Section 3 was never used outside the Confederacy and mentioned briefly only once since 1900 when is was assumed by all to be dead in the water is not an inhibition to the fiery egregious effort to get Trump in any way conceivable.
14th amendment issue dead. 25th amendment very much on the table Last night Bribed Joe's betting odds dove while Kamala and Newsom's spiked.
Not yet. But it will be. Whatever SCOTUS decides, if it's not that Trump is off the ballot (and it probably won't be), section 3, for all intents an purposes will effectively be repealed. And I do believe it should be repealed. But this is not the way I would have like them to do it.
