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brooklynite

(94,859 posts)
Tue Aug 29, 2023, 03:27 PM Aug 2023

What's your opinion of the 14th Amendment solution for keeping Trump off the ballot? (poll)


61 votes, 3 passes | Time left: Unlimited
No conviction for Insurrection is needed; Election officials will remove him from the ballot
21 (34%)
No conviction for Insurrection is needed; but no Election officials will remove him from the ballot
5 (8%)
A conviction for Insurrection is needed; no Election officials will remove him from the ballot
30 (49%)
A conviction for Insurrection is needed; but Election officials will remove him from the ballot
5 (8%)
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Disclaimer: This is an Internet poll
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What's your opinion of the 14th Amendment solution for keeping Trump off the ballot? (poll) (Original Post) brooklynite Aug 2023 OP
Laws professors notwithstanding no Election official will take unilateral action absent a conviction brooklynite Aug 2023 #1
Never say never.... getagrip_already Aug 2023 #5
No conviction is needed, but that will mean little until it gets to scotus getagrip_already Aug 2023 #2
Challenging laws is the way case law is made bucolic_frolic Aug 2023 #3
Schumer would take a vote in a heartbeat...... getagrip_already Aug 2023 #7
The Reconstruction Congress gave posterity a gift with A14 Sec 3 bucolic_frolic Aug 2023 #11
I took a Pass PJMcK Aug 2023 #4
Christie is toxic.... it will be a dark horse getagrip_already Aug 2023 #10
Christie? Nominee... WarGamer Aug 2023 #18
I'm not a betting man! PJMcK Aug 2023 #19
Christie is at 5%... WarGamer Aug 2023 #22
All true PJMcK Aug 2023 #24
Christie Cream will be out before, or shortly after, Super Tuesday. LudwigPastorius Aug 2023 #33
If Trump is truly the weakest candidate, why remove him? former9thward Aug 2023 #6
He is still very dangerous..... getagrip_already Aug 2023 #8
This is why. Very frightening underpants Aug 2023 #14
A conviction for a relevant charge is needed Fiendish Thingy Aug 2023 #9
We did not see that with Griffin. former9thward Aug 2023 #20
Nevertheless, the judge didn't disqualify him until after conviction Fiendish Thingy Aug 2023 #26
I think we look terrible trying to keep people off ballots DVRacer Aug 2023 #12
It's a lot like cancer. If the disease threatens the patient's life, you do all you can and choke it bucolic_frolic Aug 2023 #27
His disillusioned supporters Won't accept it it they keep him off by the 14th MiniMe Aug 2023 #13
Conviction necessary, no one will remove him. Elessar Zappa Aug 2023 #15
Worth a try: just don't count on it struggle4progress Aug 2023 #16
This message was self-deleted by its author WarGamer Aug 2023 #17
Not counting on 14th A to work in this case. We'll have to beat him at polls or scare GOPers Silent Type Aug 2023 #21
Haven't you forthrightly declared dpibel Aug 2023 #23
Are DUers only supposed to start polls on questions that they don't have opinions about? onenote Aug 2023 #29
Jeez, boss, I dunno dpibel Aug 2023 #30
I've expressed my opinion. I'm interested in the aggregate opinion of the community... brooklynite Aug 2023 #31
So a call out for support? dpibel Aug 2023 #34
No idea what you're talking about. brooklynite Aug 2023 #37
not gonna happen jcgoldie Aug 2023 #25
We deserve to have the supreme court take up the issue before the election ecstatic Aug 2023 #28
He IS running. He will be the nominee. He will be on the GE ballot in a majority of states, Maru Kitteh Aug 2023 #32
It's not going to happen. Patterson Aug 2023 #35
It is all unprecedented. kentuck Aug 2023 #36
A conviction is needed Zeitghost Aug 2023 #38

getagrip_already

(14,923 posts)
5. Never say never....
Tue Aug 29, 2023, 03:41 PM
Aug 2023

Several are considering it, including Georgia.

But there are also suits being brought against sos who won't remove him. Those will also get appealed all the way to scotus.

One way or another, if scotus wants to hear this case, they will.

getagrip_already

(14,923 posts)
2. No conviction is needed, but that will mean little until it gets to scotus
Tue Aug 29, 2023, 03:37 PM
Aug 2023

Some secretaries of state will keep him off the ballot and be sued, working its way up, and some will refuse to remove him and be sued, working it's way up.

There will likely be differing opinions in different federal circuits, and scotus will take it up on an emergency basis.

One way or another, scotus will be forced to rule as soon as a sos removes him from a ballot. Of course, that's IF a sos removes him from a ballot, but there are 4 states discussing doing it in unison (2d, 2r).

Of course, that could backfire if scotus doesn't rule and states go there own way. Then it would be possible for a third party to win the electors in some states ensuring nobody gets to 270. Then the house decides which magat becomes potus.





bucolic_frolic

(43,429 posts)
3. Challenging laws is the way case law is made
Tue Aug 29, 2023, 03:39 PM
Aug 2023

The only case in re: A14 Sec3 is the NM case last year.

https://www.cbsnews.com/news/couy-griffin-january-6-new-mexico-judge-14th-amendment/

If such a case went to SCOTUS, they may well rule, but they'd be ignoring A14 Sec 3 if they didn't dump reinstatement back to Congress for a vote.

getagrip_already

(14,923 posts)
7. Schumer would take a vote in a heartbeat......
Tue Aug 29, 2023, 03:44 PM
Aug 2023

Failing to get 2/3, the effort would be over since there is no point to a house vote.

bucolic_frolic

(43,429 posts)
11. The Reconstruction Congress gave posterity a gift with A14 Sec 3
Tue Aug 29, 2023, 03:53 PM
Aug 2023

It's broad enough so officials and the country can try to figure out how to make it work. Avoiding Civil War was very important to them. It's in some ways a political opening to squeeze non-patriots from power if the State's viability is threatened. But they had no surefire solution.

My take is Congress is vested with the power to reinstate. By this amendment, that's the only place and method to reinstate. But one never knows how a court will rule.

PJMcK

(22,061 posts)
4. I took a Pass
Tue Aug 29, 2023, 03:40 PM
Aug 2023

The reality should be your first selection. The Amendments are supposed to be self-enacting (or whatever the legal term is). But in our litigious society, whether or not Trump's name is on a state's ballot, there will be a lawsuit that will reach the Supreme Court.

If a Red state puts Trump on the ballot, a Democratic lawyer will sue that it violates the 14th.

If a Blue state keeps Trump off the ballot, a Republican lawyer will sue to reinstate him on the ticket.

It's inevitable that we'll see furious legal wrangling. And it'll have to be lightning fast to be relevant.

However, I'll stand by my earlier projection that has no evidence: Christie will be the nominee. Trump will be a convicted felon.

getagrip_already

(14,923 posts)
10. Christie is toxic.... it will be a dark horse
Tue Aug 29, 2023, 03:47 PM
Aug 2023

Like sununu or one of the other less abrasive, non minority governors.

WarGamer

(12,491 posts)
18. Christie? Nominee...
Tue Aug 29, 2023, 04:15 PM
Aug 2023

I'll bet you everything I own, including a paid-off home and my 401k, IRA and stock portfolio.

LMAO.

PJMcK

(22,061 posts)
19. I'm not a betting man!
Tue Aug 29, 2023, 04:46 PM
Aug 2023

My limit is $1.00.

My prediction is based on the way the MSM has been normalizing Christie as the anti-Trump. He's been featured a lot lately on cable on news shows and it feels like they're trying to make him more appealing to the mainstream audience.

In any event, we'll see what happens. Regardless of the Republican primaries and eventual nominee, it'll be almost unbelievable to me if Trump makes it. His support is already diminishing. By the end of next summer, he'll be convicted of at least one of his crimes possibly more. Can Republicans really nominate a convict?!

Let's make this a gentle person's wager, shall we? (wink)

WarGamer

(12,491 posts)
22. Christie is at 5%...
Tue Aug 29, 2023, 04:56 PM
Aug 2023

He's despised by the MAGA'ts and has ZERO natural base.

If I was a Vegas Sports Book...

I'd put Christie at the same as the Arizona Cardinal winning the Super Bowl in 2023-2024 or about 200:1

Actually... NAH. The Cardinals have a WAAAAYY better chance than Christie.

PJMcK

(22,061 posts)
24. All true
Tue Aug 29, 2023, 05:21 PM
Aug 2023

But I've been a Cubs fan since my youth in the 1960s.

It's just been interesting to me that Christie has been given so much exposure on cable news.

It's early days!

Now, imagine that the Cardinals score a wildcard berth...

LudwigPastorius

(9,220 posts)
33. Christie Cream will be out before, or shortly after, Super Tuesday.
Wed Aug 30, 2023, 12:01 AM
Aug 2023
https://www.cnn.com/2023/08/27/politics/republican-primary-president-trump-rivals/index.html

Christie is setting records for intraparty unpopularity.

His net favorability rating in the latest Quinnipiac University poll stands at minus-44 points among Republicans. An astounding 61% of Republican voters hold an unfavorable view of him.

Fiendish Thingy

(15,690 posts)
9. A conviction for a relevant charge is needed
Tue Aug 29, 2023, 03:45 PM
Aug 2023

If Trump s convicted of any Jan 6 charge, then and only then do expect efforts to disqualify him to succeed.

As we saw with Couy Griffin, the conviction needn’t be specifically tied to the insurrection statute.

former9thward

(32,114 posts)
20. We did not see that with Griffin.
Tue Aug 29, 2023, 04:52 PM
Aug 2023

Griffin was a minor county office holder and no one, including Griffin, cared about the case. He did not use a lawyer to represent him and he did not contest any allegations against him. When he filed his appeal he turned it in late and lost on those grounds.

Fiendish Thingy

(15,690 posts)
26. Nevertheless, the judge didn't disqualify him until after conviction
Tue Aug 29, 2023, 07:28 PM
Aug 2023

The conviction created a legal finding of fact under oath and the rules of evidence.

DVRacer

(707 posts)
12. I think we look terrible trying to keep people off ballots
Tue Aug 29, 2023, 03:53 PM
Aug 2023

It might have a feel good factor to say keep him off but it doesn’t look right to almost half the country. We have to beat him at the ballot box.

bucolic_frolic

(43,429 posts)
27. It's a lot like cancer. If the disease threatens the patient's life, you do all you can and choke it
Tue Aug 29, 2023, 08:59 PM
Aug 2023
off anyway you can, prevent growth as long as you can and hope for the best.

The body politic is under siege. In case you haven't noticed.

MiniMe

(21,722 posts)
13. His disillusioned supporters Won't accept it it they keep him off by the 14th
Tue Aug 29, 2023, 03:56 PM
Aug 2023

He needs to lose bigly. I'm just scared that if he is on the ballot, he won't lose again. I never believed it was possible for him to win the first time. GET OUT AND VOTE!!

Elessar Zappa

(14,110 posts)
15. Conviction necessary, no one will remove him.
Tue Aug 29, 2023, 03:58 PM
Aug 2023

We’re gonna have to win this the old-fashioned way: by outvoting the idiots.

Response to brooklynite (Original post)

Silent Type

(3,012 posts)
21. Not counting on 14th A to work in this case. We'll have to beat him at polls or scare GOPers
Tue Aug 29, 2023, 04:52 PM
Aug 2023

into nominating someone else.

dpibel

(2,884 posts)
23. Haven't you forthrightly declared
Tue Aug 29, 2023, 05:13 PM
Aug 2023

that the 14th is a nonstarter?

So what is the point of this poll?

Will it change your mind?

onenote

(42,800 posts)
29. Are DUers only supposed to start polls on questions that they don't have opinions about?
Tue Aug 29, 2023, 09:30 PM
Aug 2023

I’ve been here a long time and have never known that to be the case.

brooklynite

(94,859 posts)
31. I've expressed my opinion. I'm interested in the aggregate opinion of the community...
Tue Aug 29, 2023, 10:16 PM
Aug 2023

...which seems to be in sync with mine.

ecstatic

(32,770 posts)
28. We deserve to have the supreme court take up the issue before the election
Tue Aug 29, 2023, 09:23 PM
Aug 2023

Get them on record. The scholars have convinced me that trump is not eligible, but it's more than that. Think about how we look to the rest of the world. We are a joke right now. A fucking criminal who tried a coup last time gets to run again? Are you kidding me?

But setting our image issues aside, trump did plan an insurrection and he is not eligible. It's just a matter of doing something about it. And I do believe it's a separate issue from his criminal liability. The same thing goes for the congress members who participated. It's obvious the congress members will never be held accountable. I hate that it has taken so long for us to think about it, we tend to pin all our hopes on "heroes" like Jack Smith and Fani Willis and forget about handling other common sense things.

Maru Kitteh

(28,344 posts)
32. He IS running. He will be the nominee. He will be on the GE ballot in a majority of states,
Tue Aug 29, 2023, 11:09 PM
Aug 2023

if not all. If he's convicted I expect that will be after the election. Please for the love let it not take toooo long but I suspect in deference to the office and to history, most of the judges will try to appear reasonable and where it's even remotely practicable, try to draw down the middle. That means this is going to be a very, very long show.

Buckle up. This is going to get bumpy. We need to be steeled for the long fight, because this thing is just starting.


kentuck

(111,110 posts)
36. It is all unprecedented.
Wed Aug 30, 2023, 07:03 AM
Aug 2023

It seems the most likely scenario would be for SoS's to remove from the ballot in different states but then, it would be challenged to the Supreme Court. I doubt that they would go along with the Secretaries of State.

It appears that it will have to work its way thru the court system and thru the electoral process.

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