Post: Law professor, a 14th Amendment expert, says Congr

Mehdi Hasan debates 20 far-right conservatives one at a time
Politics by Donna     July 20, 2025 9:12 am (Rating: 0.0) Last comment by: Ponderer (10 comments) [136 views]

Tulsi busts The ONE for foisting Russia hoax on American citizens
Crime by HatetheSwamp     July 21, 2025 3:37 am (Rating: 0.0) Last comment by: Ponderer (10 comments) [88 views]

Hunter Biden Warns That Without Illegal Immigrants, The Price Of Prostitutes And Crack Will Skyrocket
Media by HatetheSwamp     July 21, 2025 1:24 pm (Rating: 0.0) Last comment by: HatetheSwamp (2 comments) [16 views]

It's beginning to appear likely that the Dems may blow the 026 election
Politics by HatetheSwamp     July 20, 2025 6:51 am (Rating: 0.0) Last comment by: Indy! (5 comments) [66 views]

Matt Gaetz calls out the Israeli government
News by Donna     July 19, 2025 7:29 am (Rating: 5.0) Last comment by: Indy! (44 comments) [308 views]

Republicans Celebrate $9 Billion In Spending Cuts After Passing Bill That Adds $3 Trillion To National Debt
Economy by HatetheSwamp     July 20, 2025 9:05 am (Rating: 0.0) Last comment by: Indy! (7 comments) [94 views]

WW2 vet horrified by lack of trans representation on D-Day
International by HatetheSwamp     July 21, 2025 9:28 am (Rating: 0.0) Last comment by: (0 comments) [24 views]

pb designates June as WOKE HEGEMONY IS DEAD month... 2.0
Media by HatetheSwamp     June 12, 2025 8:40 am (Rating: 0.0) Last comment by: HatetheSwamp (76 comments) [823 views]

Predictably, the dollar is plunging
News by Donna     July 18, 2025 4:04 pm (Rating: 5.0) Last comment by: HatetheSwamp (19 comments) [197 views]

Does anyone think that the Epstein case isn't riddled with Trump's name?
Celebrities by Ponderer     July 20, 2025 10:23 am (Rating: 0.0) Last comment by: HatetheSwamp (14 comments) [172 views]

Law selectors, pages, etc.

Law professor, a 14th Amendment expert, says Congress should decide if Trump is illegible to run for office.

By Curt_Anderson
January 8, 2024 7:28 pm
Category: Law
(0.0 from 0 votes)
Rules of the Post & Tips.

If have synopsized an NRP interview today with Gerard Magliocca, a law professor at Indiana University and the author of "American Founding Son: John Bingham And The Invention Of The Fourteenth Amendment." Below is a link to the interview and an earlier WaPo opinion piece by Magliocca and another professor of law.

Professor Magliocca says:
According to the Constitution Congress has the power to give someone an exemption from Section 3 of the 14th Amendment with a two-thirds vote in each house. They can do that at any time. And that means, in part, that it's up to the Supreme Court to decide whether the law applies to Trump, but only the law. Trump is ineligible unless Congress should vote that he should get to run.

The Supreme Court would focus on legal issues, like whether they think January 6 was an insurrection or whether it covers the presidency.

Whether Trump should be allowed to run is something that should be left to Congress, especially in the event that the court were to say that he is disqualified.

Cited and related links:

Comments Start Below

The views and claims expressed by contributors are their own and do not necessarily reflect the views and beliefs of SelectSmart.com. Not every statement made here can be assumed to be a fact.

Comments on "Law professor, a 14th Amendment expert, says Congress should decide if Trump is illegible to run for office.":

by oldedude on January 8, 2024 8:01 pm
I'm going to take the spin off of this. (3d paragraph)

MAGLIOCCA: Well, Congress has the power to give someone an exemption from Section 3 of the 14th Amendment with a two-thirds vote in each house. They can do that at any time. And that means, in part, that it's up to the Supreme Court to decide whether the law applies to Trump, but only the law. And any other reason for giving someone an exemption has to be made by Congress, such as you think it's in the best interest of the country to let someone run in spite of what they've done.

In a nutshell, Congress has the power to exempt trumpster by a 2/3 vote from both houses.
My spin? good luck with getting 2/3 vote from both houses on anything that doesn't give congress more money, more days off, better insurance, getting richer easier by the stockmarket, etc.

I wonder though about making a law to suit one person. That's what one of the states got caught doing and the law was nullified. I'm not sure if Ex post facto would apply though, because it suits trumpster🤔. An amnesty ex post defacto law may work, but still a shot in the dark and honestly would be one of the worst things congress could do for the country. I would start sounding like po if they cut him loose on that.

SCOTUS, like I've been saying all along, is looking at the law and it's very clear. SCOTUS will say it's illegal without a trial. My question to you sheep. Again. Why don't you just get a federal court to try him? How hard is that? There are several states that want to do it, surely you can illegally judge shop in those districts. I'd really like someone to explain it. It's the easiest. Not that it's fast, but you have everything set up by the J6 that ought to be a good "starting" point. I don't see what the resistance is.

All of this we've talked about before.

by Curt_Anderson on January 8, 2024 8:21 pm
OD,
The Supreme Court IS a federal court. Inevitably it will wind up there. SCOTUS's job is to decide the legal issues of the 14th and its applicability. According to the law professors I cited, it's up to Congress to decide Trump's fate.

That's due process. You should be happy with that.

by HatetheSwamp on January 9, 2024 3:25 am

Curt,

In following your Holy Trinity, i.e., the HuffPo, the NYT and MSNBC, I have neglected your beloved NPR. Interestingly, NPR produces the best comedy material. (Just t'other day, an NPR panel I watched was splaining that it's actually GOPs who are responsible for the efforts to keep Trump off presidential ballots. No one demurred. Baha)

This'ne ain't quite that bizarre. But, really, you should seek information from more reliable sources.

Prof Magliocca has come up with a unique spin on the Fourteenth Amendment...but that's what you get from wacko news sites.

You wanna bet that this is how the Court interprets the import of the Fourteenth Amendment?

by oldedude on January 9, 2024 5:51 am
The Supreme Court IS a federal court. Inevitably it will wind up there. SCOTUS's job is to decide the legal issues of the 14th and its applicability. According to the law professors I cited, it's up to Congress to decide Trump's fate.

That's due process. You should be happy with that.
😞😞😞😞😞😞😞😞😞😞😞😞😞😞😞😞😞😞😞😞😞😞😞😞😞

SCOTUS doesn't "try" cases. Nor do any of the appellate courts, either state or federal. (my biggest question is how you think they did?🤔) Both sides have to show LEGAL GROUNDS of a lower court doing something illegal or citing where something in the courts were unjustified in doing.

I said my peace on getting congress to vote on trumpster. AND, that isn't the only way. Following the law would be advisable. I'm not going to repeat myself anymore. You don't listen anyway.

The law says that in order for DUE PROCESS 😁 to happen, he must go to trial. I am going to repeat this. WTF won't the sheep just take it through the process. You want "equality under the law?" This is it. If you're not going to do that, then quit yobitchen!

Go To Top

Comment on: "Law professor, a 14th Amendment expert, says Congress should decide if Trump is illegible to run for office."

* Anonymous comments are subject to approval before they appear. Cookies Consent Policy & Privacy Statement. All Rights Reserved. SelectSmart^® is a registered trademark. | Contact SelectSmart.com | Advertise on SelectSmart.com | This site is for sale!

Find old posts & articles

Articles by category:

Report spam & abuse SelectSmart.com home page