{"id":39797,"date":"2024-02-08T14:36:38","date_gmt":"2024-02-08T20:36:38","guid":{"rendered":"https:\/\/huewhite.com\/umb\/?p=39797"},"modified":"2024-02-08T14:36:38","modified_gmt":"2024-02-08T20:36:38","slug":"the-forgotten-declaration","status":"publish","type":"post","link":"https:\/\/huewhite.com\/umb\/2024\/02\/08\/the-forgotten-declaration\/","title":{"rendered":"The Forgotten Declaration"},"content":{"rendered":"

Author and lawyer Tristan Snell points out that SCOTUS<\/strong>, and everyone else, shouldn’t try to hide behind the declaration Let the voters decide!<\/em>, because, well, they already have<\/strong>:<\/p>\n

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Fortunately, the Supreme Court need not look far for answers to these questions. They can simply look across the street at the Capitol, where majorities of\u00a0both chambers<\/a>\u00a0of Congress already found that January 6 was an insurrection and that Trump not only engaged in it but \u201cincited\u201d it.<\/p>\n

This may come as a shock.\u00a0When,<\/em>\u00a0one might ask,\u00a0did Congress ever hold such votes?<\/em><\/p>\n

Those votes came in the second impeachment of Trump, in January and February of 2021, in which majorities of both the House and the Senate backed an article of impeachment against Trump for \u201cincitement of insurrection<\/a>.\u201d<\/p>\n

This was a finding of fact, by majorities of our elected representatives, after a\u00a0full public trial<\/a>\u00a0in which Trump was able to mount a defense \u2014 and it should be deemed persuasive, if not conclusive, in answering the factual questions before the Supreme Court. Indeed, for the more right-wing justices, who are often fond of\u00a0pontificating<\/a>\u00a0that courts should not make\u00a0policy judgments<\/a> and should instead defer to legislatures, one would think that such a clear public pronouncement from Congress on Trump\u2019s engagement in insurrection would be a compelling precedent. [CNN\/Opinion<\/strong><\/a>]<\/em><\/p>\n<\/blockquote>\n

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This isn’t goofy, but actually makes sense. The real question is whether or not it’s applicable to the legal question at hand, which Snell also explores to some degree. If SCOTUS<\/strong> disagrees with the Colorado Supreme Court, we may find a yawning abyss between those with the facts, and the far-right extremists who don’t want to be stuck with an excluded candidate who is permanently disgraced.<\/p>\n

OK, Amendment 13 does include a way to have the dishonor removed. Yes, yes, yes, but it requires supermajorities in Congress, and I doubt that’ll ever happen.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Author and lawyer Tristan Snell points out that SCOTUS, and everyone else, shouldn’t try to hide behind the declaration Let the voters decide!, because, well, they already have: Fortunately, the Supreme Court need not look far for answers to these questions. They can simply look across the street at the \u2026 Continue reading → <\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-39797","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/posts\/39797","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/comments?post=39797"}],"version-history":[{"count":1,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/posts\/39797\/revisions"}],"predecessor-version":[{"id":39798,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/posts\/39797\/revisions\/39798"}],"wp:attachment":[{"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/media?parent=39797"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/categories?post=39797"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/tags?post=39797"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}