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I’ve listened to the oral arguments and have thought-about this complete 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 all the 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 not happen if some states take away a candidate and others don’t. This can be 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 might have by no means anticipated a rouge motion like Colorado and Maine in banning Trump from the poll. Nonetheless, they did deal with this problem 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 offers Congress the facility “to manage commerce with overseas 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 not 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 a neighborhood state workplace.
If the Supreme Courtroom upholds Colorado’s determination, then it’s time to break up the UNION, for it’s now not viable. I worry we’ll see violence no matter how the courtroom guidelines.
The District of Columbia Courtroom of Appeals rejected Trump’s Absolute Immunity declare, saying: “We can not 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 instantly focus on presidential immunity from prison or civil lawsuits. As a substitute, this privilege has advanced over time via the Supreme Courtroom’s interpretation of Article II, Part 2, Clause 3:
The President shall have Energy to refill all Vacancies that will occur throughout 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 regarding official duties. This consists of all acts within the “outer perimeter” of these duties. Nonetheless, the President shouldn’t be immune from actions arising from unofficial conduct. In truth, 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. Underneath 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 particular person, 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 complete 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 understanding that you simply had been harmless. This defies every little thing that the Structure meant.
Declaration of Unbiased Grievance #15
“For shielding 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. Despite the fact that there was overwhelming proof in opposition to them, the Marines had been acquitted.
I doubted that the Washington, D.C. Courtroom 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, reveals 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 mistaken!
They’d President Nixon fingers down, and but they pardoned him to save lots of dividing the nation. These concepts now not exist, and all the drawback right here is these prosecutions have torn the nation aside and polarized the individuals. They’ve set in movement the final word division of the US – it can not 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 girls had no proper to vote. What’s ignored is the truth that they didn’t want one. This was all earlier than SOCIALISM, and there was not even an revenue tax. The pinnacle of the family voted like a congressman for everybody in the home. However these had been questions like struggle. Even when somebody killed one other, the sufferer’s household is prosecuted – not the state. The ONLY crimes the place the state turned advanced had been these instantly in opposition to the state of offending the gods, as was the case with Socrates. With socialism, then legal guidelines had been made instantly 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 must have 4 wives? What if Mitt Romney had been president a issued an government order permitting a number of wives? That is the entire drawback that’s terminating the union.
So, sadly, this complete 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 person appears to care anymore.
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