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ColinC

(11,098 posts)
Sun Jan 5, 2025, 11:43 PM Jan 5

Congress can not count Trump's votes tomorrow, and Harris would become president. [View all]

This article by two Supreme Court clerks was written a couple weeks ago in The Hill. Congress does have the power to stop Trump from becoming president if they fulfilled their constitutional duty to prevent an insurrectionist from holding office.

https://thehill.com/opinion/congress-blog/5055171-constitution-insurrection-trump-disqualification/

To make an objection under the Count Act requires a petition signed by 20 percent of the members of each House. If the objection is sustained by majority vote in each house, the vote is not counted and the number of votes required to be elected is reduced by the number of disqualified votes. If all votes for Trump were not counted, Kamala Harris would be elected president.



The plain wording from the 14th amendment:

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.


https://constitution.congress.gov/constitution/amendment-14/

Congress can and should block Trump from becoming president, since the constitution is clear about the fact he is unqualified to hold office. If we are going to be purists and honor the electoral college despite a candidate losing the popular vote because the constitution is clear about the rules, we can and should keep a winning candidate from holding office, again, because the constitution is clear about the rules: an insurrectionist is unqualified to receive electoral college votes and congress must not count those votes he is ineligible to receive. The alternative would be for congress to allow an insurrectionist to hold office with a 2/3rds vote. There is no other constitutional way about it.
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WISH 🙏🏼 Clouds Passing Jan 5 #1
No wish or hope here. Just clearly what is legal. Congress certifying Trump should be considered a major illegal act. ColinC Jan 5 #2
And if it's illegal who's going to hold them accountable? live love laugh Jan 6 #13
If we decide that ultimately the constitution no longer matters ColinC Jan 6 #15
Lawlessness is already happening. There's no accountability. live love laugh Jan 6 #66
The Supreme Court Captain Zero Jan 6 #74
Yes, he should not be certified. Clouds Passing Jan 6 #65
That's a great idea, ForgedCrank Jan 5 #3
"Override the voters?" Like in 2016 and 2000? ColinC Jan 5 #6
They voted for Trump didn't they? nuxvomica Jan 6 #32
More people voted for and wanted someone not drumpf biophile Jan 6 #55
I agree, but it ain't gonna happen. Jeebo Jan 5 #4
Yeah totally. Upholding the rule of law has been a pipe dream for a while now... ColinC Jan 5 #5
Over ride the voters,...hell no.... magicarpet Jan 6 #7
Following the constitution means "overriding the voters" ColinC Jan 6 #8
. magicarpet Jan 6 #9
Has Trump been convicted of insurrection or rebellion? Kaleva Jan 6 #18
If you mean due process, the 5th amendement applies to life liberty and property ColinC Jan 6 #19
Again, isn't a person presumed innocent until found guilty in a court of law? Kaleva Jan 6 #20
Again the stipulation for holding office is clear ColinC Jan 6 #21
Here are your words Kaleva Jan 6 #34
. ColinC Jan 6 #38
So Congress has the authority to decide if he's an insurrectionist or not Kaleva Jan 6 #45
My argument is they need to decide it. ColinC Jan 6 #47
According to the Constitution, Congress has the sole authority to decide if they need to address it or not Kaleva Jan 6 #50
According to the constitution, Congress has the responsibility to decide it. ColinC Jan 6 #53
They won't for the same reason they didn't for Biden Kaleva Jan 6 #57
For instance ColinC Jan 6 #48
Wouldn't that half have to file a petition? Kaleva Jan 6 #59
From your OP Kaleva Jan 6 #60
Representative Democracy requires incumbents to exercise judgment bucolic_frolic Jan 6 #54
Do we really want to be a pure democracy for the next 2-4 years? thatdemguy Jan 6 #64
This is not happening Renew Deal Jan 6 #10
If they do not remove the disability by a 2/3rds vote, it will be an illegal certification. ColinC Jan 6 #11
Technically they are not obligated to Renew Deal Jan 6 #22
Technically they are because the constitution requires them to. ColinC Jan 6 #29
Only if it is determined to be illegal. Renew Deal Jan 6 #37
Not how it works. ColinC Jan 6 #40
And this is why this is fan fiction Renew Deal Jan 6 #51
It's not illegal to have a different opinion than yours. That's why these are called "political questions" tritsofme Jan 6 #39
The words of the constitution are clear. ColinC Jan 6 #41
It is a political question for Congress to decide, disagreeing with you doesn't mean something illegal has happened. tritsofme Jan 6 #43
Disagreement has nothing to do with anything. ColinC Jan 6 #46
The words are clear to you personally. However this is a political, not a legal, determination to be made by Congress. tritsofme Jan 6 #56
For all intents and purposes my use of the word "illegal" is fairly meaningless ColinC Jan 6 #72
It really does FBaggins Jan 6 #68
I surrender!! ColinC Jan 6 #70
The Supreme Court already ruled that Article 3 of the 14th Amendment required Congress to pass summer_in_TX Jan 6 #12
The article i shared explained how the scotus ruling doesnt actually apply to certification ColinC Jan 6 #14
The article is fan fiction Renew Deal Jan 6 #23
It is written by supreme court clerks ColinC Jan 6 #25
And an article written by a supreme court clerk has no legal meaning thatdemguy Jan 6 #67
It's written by two former clerks FBaggins Jan 6 #69
... ColinC Jan 6 #76
Sorry - I had no intent to pile on FBaggins Jan 6 #80
No worries! ColinC Jan 6 #81
Yeah. Morbius Jan 6 #16
Again if congress wants to abide by the constitution and honor the will of the people they can do that ColinC Jan 6 #26
Maybe a snowstorm will do what the Krump army failed to do. usonian Jan 6 #17
🤔 ColinC Jan 6 #27
Is Putin behind this proposal in order to create a civil war? MichMan Jan 6 #24
Putin would love for us to ignore the constitution ColinC Jan 6 #28
I think you know. Morbius Jan 6 #31
The certification is likely going to be unanimous, or close to itactually. ColinC Jan 6 #42
There is no "disability". SCOTUS already killed this idea. Takket Jan 6 #36
Scotus said he can run for office ColinC Jan 6 #49
Yes, and Dems in 2027 should push legislation & let tRump veto it; then push in 2029 and D Pres sign it Bernardo de La Paz Jan 6 #71
LOL! VBNMW Jan 6 #78
Let's storm the capitol and stop the vote! Self Esteem Jan 6 #30
This would fail but they should at least try nuxvomica Jan 6 #33
You should probably set your eyes on something more realistic Takket Jan 6 #35
Pipe dream. MineralMan Jan 6 #44
If this insurrection was done by Democrats, Emile Jan 6 #52
There's still time for him to just fucking die Orrex Jan 6 #58
I guess the term 'domestic enemy' in the oaths of office is just there as fluff. nt Hotler Jan 6 #61
Even if Congress disregarded all of Trump's votes, Harris would not have an electoral vote majority Jose Garcia Jan 6 #62
That part isn't actually true FBaggins Jan 6 #73
Maybe Mother Nature will step in. DFW Jan 6 #63
I'm sure beds were wheeled into the congresscritters offices nitpicked Jan 6 #75
This message was self-deleted by its author WarGamer Jan 6 #77
SAD VBNMW Jan 6 #79
They won't do a damn thing to stop this train to hell Meowmee Jan 7 #82
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