Comments

  • Donald Trump (All General Trump Conversations Here)


    Trump has been found guilty of offering aid and comfort to people who are guilty of sedition. That disqualifies him from holding public office.

    He has not been found guilty of any such thing.
  • Donald Trump (All General Trump Conversations Here)


    Well, no, the constitution doesn’t mention sedition nor seditious conspiracy.
  • Donald Trump (All General Trump Conversations Here)


    Like Eugene Debs. He was convicted of sedition but was nonetheless able to run for president from prison.
  • Donald Trump (All General Trump Conversations Here)


    It doesn’t. The section speaks of insurrection and rebellion, not for some witness tampering crime.
  • Donald Trump (All General Trump Conversations Here)


    How many were charged and convicted of insurrection?
  • Donald Trump (All General Trump Conversations Here)


    The cases you cited were clearly about slavery, and the violation of voting rights, not about section 3. The “self-executing” as it is described in both your cases is about nullifying the power of the states to violate those rights. The disqualification section is not about a state violating rights, and therefor it cannot be said that that particular section is self-executing and immediately bars someone from the holding office should some state court decide they are guilty of insurrection.

    What is clearly self-executing is the due process sections of the 14th, which, according to dissenting opinions in the case, occurred in the ruling, thus nullifying the state court’s authority.

    Either way I assume the Supreme Court will clarify the matter.
  • Donald Trump (All General Trump Conversations Here)


    First they would need an insurrection and insurrectionists to give comfort to. But no one has been charged with insurrection, so it’s kind of moot.
  • Donald Trump (All General Trump Conversations Here)


    It was my understanding that Congress can repeal an amendment with another amendment, which it has done before.
  • Donald Trump (All General Trump Conversations Here)


    The judge doesn't matter at this point.

    If they were guilty, by whatever means you find acceptable, what sense would it make for them to have the sole exclusive power to enforce the article?

    They wouldn’t have the power because they would be barred from being in Congress.
  • Donald Trump (All General Trump Conversations Here)


    The notion that there must also be a federal law that grants citizens the right to vote is a false one. Section 1 is enough, and if someone is denied the vote then they may petition the courts to enforce their right. Congress doesn't need to get involved.

    Yes it invalidates state voting qualifications or procedures which are discriminatory on their face or in practice. It doesn’t invalidate Congress’ power to enforce the provisions of the article. Congress could repeal the entire amendment if they wanted to. That’s because only Congress has the power to enforce them.

    It’s the same with the 13th and 14th. The cases you cited were clearly about slavery, and the violation of voting rights, not about section 3. The “self-executing” as it is described in both your cases is about nullifying the power of the states to violate those rights. The disqualification section is not about a state violating rights, and therefor it cannot be said that that particular section is self-executing and immediately bars someone from the holding office should some state court decide they are guilty of insurrection. Either way I assume the Supreme Court will clarify the matter.
  • Donald Trump (All General Trump Conversations Here)


    On the other hand, the 14th amendment does confer the power to enforce the provisions to Congress, so one can assume correctly that that power belongs with Congress and no one else.
  • Donald Trump (All General Trump Conversations Here)


    Section 5 entails that Congress has the power to enforce the provisions of the article. It doesn’t confer that power to anyone else. So why assume someone else can have that power?
  • Donald Trump (All General Trump Conversations Here)


    I’m talking about the 14th amendment, section 5.
  • Donald Trump (All General Trump Conversations Here)


    It doesn’t say that any court has the power to enforce the provisions of the article. It says there in plain English that those powers are left to Congress.
  • Donald Trump (All General Trump Conversations Here)


    I suppose yes because the 13th amendment also grants “Congress shall have power to enforce this article by appropriate legislation”.

    No state or federal court has authority in either matter.
  • Donald Trump (All General Trump Conversations Here)


    Yes, and courts determine what the law means. There is no law that defines what constitutes a rebellion or insurrection. Colorado violated neither the law nor constitution in their interpretation. It's possible SCOTUS will create a definition that has the effect of overturning the Colorado ruling, thus creating new law. If they do, it's game over. Is that what you're hoping for? SCOTUS creating law like this?

    Most of us acknowledged Trump's legal rights to challenge the 2020 election in courts, so why can't you support the rights of states to challenge his eligibility using the same justice system?

    Think about Reconstruction. If state courts were to decide what constituted an insurrection, and who was guilty of it, the southern states could say those who fought for the confederacy were not insurrectionists, and thus could hold office.

    It’s probably why section 5 of the fourteenth amendment says “The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.” In regards to enforcing these provisions It doesn’t mention states or state courts. An originalist would need to consider this as a glaring problem with the state’s ruling. The fact that the president is not mentioned in the list of people who would be unable to hold office might give the originalist some more ammo against the ruling.
  • Joe Biden (+General Biden/Harris Administration)


    It was his war on drugs and crime bills which put them in jail in the first place. What a nice guy.
  • Donald Trump (All General Trump Conversations Here)


    The majority opinion is so stupid and unjust, and the dissenting opinions are more originalist (some of which call out the majority’s misreading of the constitution), that I would be very surprised if they ruled in favor of the court. But hey, stranger things have happened.
  • Are words more than their symbols?


    In a dictionary words are used to define the meaning of other words. You might need a dictionary to define some of the words used to define the word in question, but it is not an endless cycle. Some may rely on a dictionary more than others but no one can use a dictionary who does not understand the meaning of any of the words.

    Right, you need to be able to understand the language before being to read a dictionary. This is possible because you are already in possession of the meaning, which you are able to supply to the text in order to make sense of it. If meaning was in the words, learning the language would be unnecessary.

    That is not what I believe words do. It does, however, seem to be a picture of your own making that you have either struggled against or set up to knock down.

    It was my understanding that you believed words transport meaning from A to B, that meaning is conveyed by the words, that words are in possession of meaning. If I’ve been wrong this whole time I apologize.

    but the fact that I speak English and not Chinese is not determined by my biology.

    Your biology is ever-present and determines your acquisition of language, no matter what language you acquire. It cannot be excluded from any scenario.
  • Are words more than their symbols?


    And thus contradict your claims about words. Words have meaning and the words used in the dictionary inform us of the meaning of the word in question. They are then not arbitrary.

    They do what you say you cannot believe they do:

    If words had meaning you wouldn’t need a definition. You’d just hear the word or say the word, and the meaning would float through the air in the sound-waves, from one mind to the other. Except they don’t do what you believe they do, so you refer to a dictionary, contradicting your own claims.

    My biology did not determine whether I grew up learning English and not Chinese. If I was adopted and grew up in a Chinese family my biology would remain the same, but I would speak Chinese rather than English.

    Your biology allows for language acquisition, and determines the faculty of language in general. It’s why placing a chimp in your same scenario doesn’t lead it to speak Chinese, or any other language. The biology is different.
  • Donald Trump (All General Trump Conversations Here)


    Lawmakers establish what the law is. Other than that I can’t follow your non-sequiturs.
  • Donald Trump (All General Trump Conversations Here)


    Nice, definitions from the 19th century. Thanks for clearing that up.
  • Are words more than their symbols?


    You said I didn’t understand the term. The dictionary records usage, so I showed you one sense in which many people (biological organisms) use it, including myself.

    It is determined by your biology. It was your biology that learned, understands, and speaks English and not Chinese.
  • Donald Trump (All General Trump Conversations Here)


    Nowhere in the constitution does it say they should look in the dictionary for what an insurrection Is, but that’s what they’ve done.

    Oddly enough they didn’t look up what “engage” means, because he wasn’t even present where the event happened, yet they conclude he engaged in it. It’s one of the worst court documents in history.
  • Donald Trump (All General Trump Conversations Here)


    Excuse my reductions to the absurd because it’s nonsensical. You’re taking acts committed by humans and saying inanimate objects do them. I just can’t get past such weird sophistry.

    The judges believe he engaged in insurrection, a federal crime, and are keeping him off the ballot because of it, even though no one has been charged (let alone convicted) of said crime. So much for the constitution. So much for democracy. The United States is now a banana republic.
  • Donald Trump (All General Trump Conversations Here)


    I suppose then that guns shoot people? Lock them up!
  • Donald Trump (All General Trump Conversations Here)


    Sorry, guns are killers now. I wonder how they get away with it.
  • Donald Trump (All General Trump Conversations Here)


    Guns are murderers now. Commands are commanders. We have a little fantasyland going on here.
  • Donald Trump (All General Trump Conversations Here)


    Right, humans command. Humans order. But you believe commands command and orders order. I’m just trying to wade through the magical thinking here.
  • Donald Trump (All General Trump Conversations Here)


    Fwiw, this is incoherent. The words have no coercive power. The threat of losing his/her job might. But that's not on the judge/s by the other commenter's account.

    Why would she lose her job?
  • Donald Trump (All General Trump Conversations Here)


    Humans don’t command or order, then, only their words do?
  • Donald Trump (All General Trump Conversations Here)


    Do orders order, commands command, according to you?
  • Donald Trump (All General Trump Conversations Here)


    Me: They’ve ordered her to remove Trump from the ballot.

    You: And their orders are just words. Therefore, if their orders have coerced her then their words have coerced her, which according to you is impossible.
  • Donald Trump (All General Trump Conversations Here)


    Are people orders now? I don’t get what I’m supposed to be making my mind up about.
  • Donald Trump (All General Trump Conversations Here)


    And their orders are just words. Therefore, of their orders have coerced her then their words have coerced her, which according to you is impossible.

    I didn’t say their orders coerced her. Words cannot coerce. Words cannot order. Words cannot do what you keep trying to pretend they do. I said they ordered her.
  • Donald Trump (All General Trump Conversations Here)


    No one has been charged with insurrection. You can’t pretend two different crimes are the same. I’m sorry you can’t get past that. Good riddance.
  • Donald Trump (All General Trump Conversations Here)


    They’ve ordered her to remove Trump from the ballot.
  • Donald Trump (All General Trump Conversations Here)


    How do they do that? All they've done is printed words on a document. What does it mean for words to "coerce" another. Seems like another word for "influence".

    I didn’t say words coerce others. People coerce others.