Page 230 - 14th Amendment News Today

You could have people voting in primaries where they are not sure if their candidate will ultimately be eligible for the general election. here, the supreme court is granting this request to weigh in on this critical constitutional issue. as noted, there are a lot of questions before that. one of them is whether section 3 of the 14th amendment applies to the president. we have seen it within the same state. disagree about that. is it self-executing? is there a role for congress? they also asked ...

Alina Habba, one of former President Donald Trump's lawyers, says in an interview with Fox News that United States Supreme Court Justice Brett Kavanaugh will "step up" for the man who appointed him to the high court.

Ballot there citing the 14th amendment which prohibits any officer of the united states who swore an oath to the constitution and engaged in insurrection from holding office. whatever the high court decides could have impact beyond colorado. there have been similar efforts in more than 30 states. >> john has been reporting on this. the supreme court will hear t appeal. theres also news about abortion. at issue, whether a state can make it a crime to perform or assist in an abortion in an emergen...

So in that situation, if voters cast a ballot or a vote for someone who is disqualified, we would not be able to count those votes. i think its underlines, how unprecedented this situation is. usually, when we have disqualifications arrive, its not with the president. its not with candidates running for president because usually candidates running for president dont engage in insurrection, and dont have this crucial constitutional question facing their candidacy. >> here is what trumps lawyers a...

Because the founding fathers left out the word president thats it, thats all the marbles? >> i dont think its going to be enough. if you go back to when this amendment was actually passed after the civil war, i think its unfathomable for us to think that robert e. lee could have ran for president as someone who had engaged in rebellion or insurrection. i think that is enough right there to show that look, he couldnt run for president back then because he engaged in rebellion and insurrection. fo...

Overturn the decision. that ruling would mark the first time in the history of the that the judiciary is preventing voters from casting ballots for the leading presidential candidate. whats your reaction to, not the politics of this, but the legal filing? their claim is there was no insurrection, number one. and that he cant be removed under the 14th amendment because he is not an officer of the united states. or the president of the united states. >> yes, this brief contains, i think, some of t...

Amendment, because all he did was give a speech, and that was protected by the first amendment. so, thats, some of the same arguments that weve heard before. one of the arguments ive heard is that due process requires that hed be found beyond reasonable doubt to have engaged in insurrection. and that is certainly the case, if he doesnt make that argument, i think that in most civil matters, preponderance of the evidence is the standard that can be used. and other evidence can be used. as the col...

In that situation if they cast of pallets or a vote for someone that is disqualified, we would not be able to count that. i think it underlines that how unprecedented the situation is. usually when we have disqualifications it is not with the president and not with candidates running for president. usually they dont engage in insurrection and dont have a crucial constitutional question facing candidacy. >> here is what lawyers are arguing about whether the 14th amendment even applies. the right ...

Like jimmy carter or something and wanted to make arguments about a living constitution and blow off the text of the constitution, fine. that is one thing, but donald trump claims to be an originalist, who cares about the strict text of the constitution, and that is not what this grief is. and it isnt that way because the original list constitutionalist scholars, people like william bauder at the university of chicago, have exhausted look at the history of the 14th amendment and concluded despit...

Controlling here. moreover, congress has passed statutes. theres 18 usc 2383 the insurrection statute where they specifically incorporated this 14th amendment section into the criminal code and gave it a procedure, which is indictment and criminal trial. and in fact, they expanded the definition beyond the 14th amendment to basically anybody, not just officers of the united states, anybody who engages in an insurrection is permanently barred. >> but thats part of his argument, right? in part, ma...