• Rivalarrival@lemmy.today
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    6 months ago

    Reading through the actual brief:

    if Section 3’s disqualification were fully self-enforcing, there would have been no reason for Congress to state expressly in § 2383 that a conviction for insurrection would result in disqualification from holding certain offices. Under Baude and Paulsen’s view, Section 3 would already have automatically barred such individuals from office even before conviction, and certainly would have done so after a conviction.

    Yes. Yes, Section 3 already did bar such individuals from holding office. There was no reason for Congress to expressly state that prohibition in §2383.

  • Brokkr@lemmy.world
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    6 months ago

    Their arguments are ridiculous. The state executed its right to select their electors. Congress has the power to remove the disability if supported by 2/3rds.

    They are arguing that since they didn’t impose the disability that the State overstepped their rights. This is not how the 14th was written.

      • maness300@lemmy.world
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        6 months ago

        It’s all about throwing shit at walls and seeing what sticks.

        Democrats do it, too.

        • gAlienLifeform@lemmy.worldOP
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          6 months ago

          Yeah, sure, when Bob Menendez got dragged into court he had over one hundred sitting Democratic lawmakers stand up for him, and what he was accused of doing was way more serious than just trying to overthrow the government /s

          The Democratic party isn’t perfect, but you’re out of your mind if you think they’re anywhere near Republicans’ level

          • maness300@lemmy.world
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            6 months ago

            No, they’re both evil.

            Democrats are just the lesser-evil.

            The lesser-evil doesn’t make them good.

            A slow loss is still a loss.