Not knowing US constitutional law, it seems to me the SCOTUS decision might mean that the Dems missed an opportunity when they had the house
That it’s a federal matter seems legally predictable/natural to me, and that it then falls to congress to enforce then also seems natural.
What am I missing on that?
Otherwise, what would the Dems have had to lose by passing an act when they had the house? The 14th was right there.
When the dems had the house they had a faux majority in the Senate. Neither Manchin nor Sinema would have voted to abolish the filibuster and they had no path to 60 votes for anything against Trump.
This is really the issue. Republicans are kind of die-hard party voters in Congress. The Dems had a few turds in the punchbowl who wouldn’t do the right thing.
We’re in a world now where there’s no path to 60 votes ever again on any issue that isn’t “Killing dogs is bad.”
That position sounds anti-law enforcement.
Literally would make most police actions illegal and there’s no way Uncle Joe would sign it.
“Killing dogs is bad.”
I mean, you just lost Mitt Romney’s vote with that one
And the Huckabee clan.
When the dems had the house they had a faux majority in the Senate.
Democrats had a real majority. They found enough no votes to block stuff they ran on but never had any intention of passing. Exactly like they did with the public option.
Voters are expected to operate in perfect lockstep and vote for the worst candidates party leadership thinks it can get away with. When our elected officials break off and vote with their fucking donors, we don’t demand conformity with the party from them at all.
You want there to be some grand conspiracy, but there isn’t. What’s crazy is how much smarter you think they are than they actually are
I want the party to have the same cohesion they demand from the voters.
Is this all because you’re butthurt Biden got the most votes in the '20 primaries?
I’m talking about the party’s expectations of its voters versus its elected.
You’re trying to divert to Biden because you can’t defend Senate Democrats’ reliance on the filibuster as an excuse when they break campaign promises.
What “expectations of its voters” are you talking about? We get to vote however we want
Your argument is a false dichotomy. You need 40 votes to block and 61 votes to pass anything (that’s not a budget reconciliation or judicial confirmations) in the Senate. That’s a difference of 11 states worth of Senators. Its a fucking nightmare, but its also a big part of what slowed Trump’s agenda.
Your argument is a false dichotomy. You need 40 votes to block and 61 votes to pass anything (that’s not a budget reconciliation or judicial confirmations) in the Senate.
They need only 50 to change the rules of the Senate, with which they could do away with the filibuster forever. If they wanted to.
They do not want to.
Remember this from 2 posts up
Neither Manchin nor Sinema would have voted to abolish the filibuster
I sure do. Just enough Democrats considered the preservation of the Jim Crow Filibuster to be a greater priority than protecting Roe. Or democracy itself.
There are always just enough.
dems missing an opportunity to do something? now theres a new thing. /s
@maegul @politics Congress couldn’t do anything after January 6th, because that would be an ex post facto law which is forbidden by the Constitution. You could maybe fault the Justice Department for not charging him under the one specific law ( 18 U.S.C. § 2383 ) which apparently works to disqualify under this ruling. Of course, if the facts were different they would have divined some other interpretation of the 14th Amendment.
Is it not a timing issue ?
Would it not be more difficult to make this ruling, if he were already convicted of insurrection?
If he were already convicted of insurrection under 18 U.S. Code § 2383 - Rebellion or Insurrection he would be disqualified already.
18 U.S. Code § 2383
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
Unfortunately Trump was never charged with this by Jack Smith. He’s charged with conspiracy to defraud the United States, conspiracy against rights, conspiracy to disrupt an official proceeding, and obstruction/attempted obstruction of an official proceeding.
I’d argue that the statutory authority for 14a3 is separate and independent from the authority set forth in Sec. 2383, and that if Congress sua sponte votes to ban him or not would it be equally as valid as if it happened after a criminal proceeding driven by the justice department. If I’m wrong then all Trump has to do is keep appealing to the SCOTUS that he bought and paid for and then all of us are just wasting time here.
