I’ve listened to the oral arguments and have thought-about this whole 14th Modification nonsense. Some have tried to argue that it’s self-executing, that means that Congress doesn’t want to write down a statute. That’s actually absurd, for we’re speaking right here about making an attempt to overthrow your complete basis of democracy when pretending to be defending it. That’s like pushing the button to assault Russia as a result of I knew they needed to take action; subsequently, I used to be appearing in self-defense by pushing the button first.
States have the precise to regulate their native elections. Nonetheless, they can’t intrude in federal elections. To take action would imply that they’re depriving the remainder of the nation of their proper to vote, for a federal election can’t happen if some states take away a candidate and others don’t. It is a justified argument for separating the US.
Whereas no one raised the Commerce Clause refers to Article 1, Part 8, Clause 3 of the U.S. Structure, the Founding Fathers could have by no means anticipated a rouge motion like Colorado and Maine in banning Trump from the poll. Nonetheless, they did deal with this difficulty of 1 state interfering with the remainder of the nation. The Commerce Clause PROHIBITS any state from making an attempt to impose a ban on the exports of one other state to spice up its personal manufacturing. The Commerce Clause provides Congress the ability “to control commerce with international nations, amongst states, and with the Indian tribes.”
The Commerce Clause expressly forbids a state from interfering in nationwide commerce. That jurisdiction is reserved strictly to Congress. I can’t think about how any state can declare such an influence to intrude within the federal election for the nationwide workplace of the Federal Authorities that isn’t an area state workplace.
If the Supreme Court docket upholds Colorado’s determination, then it’s time to break up the UNION, for it’s not viable. I concern we’ll see violence no matter how the courtroom guidelines.
The District of Columbia Court docket of Appeals rejected Trump’s Absolute Immunity declare, saying: “We can’t settle for that the workplace of the presidency locations its former occupants above the legislation all the time thereafter,” the judges wrote.”
The Structure doesn’t immediately talk about presidential immunity from felony or civil lawsuits. As a substitute, this privilege has developed over time by means of the Supreme Court docket’s interpretation of Article II, Part 2, Clause 3:
The President shall have Energy to refill all Vacancies which will occur in the course of the Recess of the Senate, by granting Commissions which shall expire on the Finish of their subsequent Session.
It’s typically accepted that the President is totally immune from civil legal responsibility for fits arising from actions referring to official duties. This contains all acts within the “outer perimeter” of these duties. Nonetheless, the President is just not immune from actions arising from unofficial conduct. Actually, no one was really given immunity by the Founding Fathers. It has been the course have have credited immunity – not the Structure.
“Prosecutorial immunity” can also be a judge-made doctrine that cloaks prosecutors in near-absolute immunity from swimsuit. Beneath this doctrine, prosecutors can’t be sued for any actions associated to their job as a prosecutor, regardless of how egregious the habits. For instance, prosecutors can’t be sued for knowingly prosecuting an harmless individual, withholding proof of innocence, and even fabricating false proof of guilt.
Prosecutors can do no matter they need, and you’ve got ZERO rights, even human rights, in opposition to these within the Deep State. This whole query of immunity to me defied the Declaration of Independence, and that is the intent of the Structure to restrain authorities. With ABSOLUTE IMMUNITY, they’ll fabricate proof, put you on trial, and execute all figuring out that you just had been harmless. This defies all the pieces that the Structure supposed.
Declaration of Impartial Grievance #15
“For safeguarding them, by a mock Trial from punishment for any Murders which they need to commit on the Inhabitants of those States.”
In 1768, two residents of Annapolis, Maryland, had been murdered by Marines from a British ship. Although there was overwhelming proof in opposition to them, the Marines had been acquitted.
I doubted that the Washington, D.C. Court docket of Appeals would ever rule in favor of Trump. They’ve their marching orders. To me, both no one has absolute immunity, or everybody does. There may be NOTHING within the Structure that grants such immunity to anybody! That very proposition stands in direct confrontation with the Declaration of Independence. If this disgusting Jack Smith, who indicts Trump in Washington, which he can management for a criminal offense he has to prosecuted in Florida, exhibits that he’s violating the very intent of the Sixth Modification. However he’s ABSOLUTELY IMMUNE for something he does to the nation or Trump. That’s flawed!
That they had President Nixon palms down, and but they pardoned him to save lots of dividing the nation. These concepts not exist, and your complete drawback right here is these prosecutions have torn the nation aside and polarized the folks. They’ve set in movement the final word division of the US – it can’t stand as a united nation when one facet tries to impose a dictatorship, their concepts offending even the non secular beliefs.
In Greek Democracy, it’s true that ladies had no proper to vote. What’s neglected is the truth that they didn’t want one. This was all earlier than SOCIALISM, and there was not even an revenue tax. The top of the family voted like a congressman for everybody in the home. However these had been questions like conflict. Even when somebody killed one other, the sufferer’s household is prosecuted – not the state. The ONLY crimes the place the state grew to become developed had been these immediately in opposition to the state of offending the gods, as was the case with Socrates. With socialism, then legal guidelines had been made immediately in opposition to habits, and revenue tax was utilized to everybody. Thus, everybody then had a proper to vote. That is what’s tearing the nation aside – this perception that one facet will get to dictate habits. What if Muslims achieve political management after which dictate you need to have 4 wives? What if Mitt Romney had been president a issued an govt order permitting a number of wives? That is the entire drawback that’s terminating the union.
So, sadly, this whole immunity query is NOT legislation – it’s the discretion of judges, and therein lies the disaster. The Founding Fathers relied upon the definition of legislation articulated by Lord Coke and Blackstone. No one appears to care anymore.
