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Sunday, December 22, 2024
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14th Amendment on trial as Minnesota lawsuit to keep Trump off the ballot raises constitutional questions

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Do states have the power to keep former president Donald Trump off the ballot in 2024?

That’s the question Minnesota state Supreme Court justices are pondering in the wake of a lawsuit that seeks to do just that.

Even if the court had the authority to do such a thing, “We have to be the question that concerns me the most,” Chief Justice Natalie Hudson said, according to reports. Breitbart.

At the center of the controversial case is Section 3 of the Fourteenth Amendment — the “Insurrection Clause”:

No person shall be senator or representative in Congress, or elector for president and vice-president, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member. of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any State, in support of the Constitution of the United States, shall have engaged in insurrection or rebellion ·lion against it, or given help or comfort to its enemies. But Congress may, by a vote of two-thirds of each House, remove this disability.

Trump’s actions on Jan. 6, 2021, the suit argues, disqualify him from appearing on the Minnesota ballot.

While liberals and the media that worship them have repeatedly described the events at the Capitol that fateful day as a “violent insurrection,” Trump’s lawyers argue that it was not, and that Trump was not responsible for what happened.

The former president has not been charged with insurrection in a court of law, and although he was impeached twice, he was also acquitted twice by the Senate.

Also, the insurrection clause does not apply to presidents, they claim.

“The text of the amendment refers to senators, representatives and presidential electors, as well as other federal officials, but not presidents,” explains Breitbart. “The oath that the amendment specifies, which is taken by those officials on the list, is not the same oath taken by the presidents. The presidential oath is prescribed separately in the Constitution”.

“Trump’s lawyers further argue that neither Minnesota law nor federal law allows courts to remove a candidate from the ballot,” the outlet added.

How BizPac Review reported, the 501 (c)(3) group Free Speech For People filed the Fourteenth Amendment lawsuit against Trump in Minnesota. The group has received funding from America’s favorite “spooky guy,” billionaire George Soros through the Open Society Foundations, the grantmaking network now run by his heir and successor, Alex Soros.

And Minnesota isn’t the only state trying to get Trump off the ballot.

A similar legal battle is being fought in Colorado.

There, Citizens for Accountability and Ethics in Washington (CREW), a group also said to have ties to Soros, is behind the lawsuit.

“The Colorado case, heard by Judge Sarah Wallace, who was appointed by Democratic Gov. Jared Polis, could eventually be headed to the U.S. Supreme Court,” Breitbart reports, adding, “The Supreme Court has never ruled on this provision of the Fourteenth Amendment, leading to the novel approach of using it to keep Trump off the ballot.”

In Minnesota, two of the seven justices recused themselves.

Chief Justice Hudson was among the justices who held that “given their constitutional roles and powers in certifying presidential electors and impeaching presidents,” Congress should resolve the eligibility issue, according to Breitbart.

“[Those powers] it seems to suggest that there’s a critical role for Congress and not the states for this,” Hudson said. “It’s that interrelationship that I think is troubling, suggesting that this is a national matter for Congress to decide.”

If several states reached different conclusions about their ability to keep Trump out of their polls, it could mean “chaos,” Hudson said.

“Primaries in Minnesota and Colorado will be held on March 5, 2024,” notes Breitbart.

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