PILOT SPIN
Spin Zone => Spin Zone => Topic started by: bflynn on February 11, 2021, 09:31:59 PM
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The Democrats in the Senate seem to have already accepted what all of us have known for weeks - that impeachment is going to fail.
Now they have concocted their newest scheme to use the power of the government against Donald Trump. Listen carefully and see if you can spot the fatal flaw in their plan.
After impeachment, Democrats will get together, the House and the Senate and pass a resolution that recognizes that Donald Trump committed sedition and insurrection against the United States. This will trigger Article III of the 14th Amendment, which prohibits "rebels" from holding pretty much any office and Trump will be ineligible to run for president again in 2024.
Now - if you're playing along at home, what's the problem with their plan?
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I see two flaws:
(1) Judicial power is delegated to the judicial branch. Congress is limited to judging impeachments.
(2) They are explicitly denied creating laws that judge and punish people.
Sources from the Constitution:
“Article III
Section 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”
and...
“ Section 2
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;
[...]
The Trial of all Crimes, except in Cases of Impeachment; shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.“
Likewise congress is specifically denied these powers:
“No Bill of Attainder or ex post facto Law shall be passed.”
Wikipedia’s definition of these two terms:
“A bill of attainder is an act of a legislature declaring a person, or a group of persons, guilty of some crime, and punishing them, often without a trial.”
“An ex post facto law is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law.”
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I see one big problem.
Most of the country sees thru the communists and their raging fear of what President Trump can do to them if he so chooses. Their power over public opinion is drying up and they have no fucking clue that they will soon lose 75% of the country.
Their hatred of President Trump is so blinding that they are losing the battle by trying to win it so pathetically.
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I see two flaws:
(1) Judicial power is delegated to the judicial branch. Congress is limited to judging impeachments.
(2) They are explicitly denied creating laws that judge and punish people.
Sources from the Constitution:
“Article III
Section 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”
and...
“ Section 2
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;
[...]
The Trial of all Crimes, except in Cases of Impeachment; shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.“
Likewise congress is specifically denied these powers:
“No Bill of Attainder or ex post facto Law shall be passed.”
Wikipedia’s definition of these two terms:
“A bill of attainder is an act of a legislature declaring a person, or a group of persons, guilty of some crime, and punishing them, often without a trial.”
“An ex post facto law is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law.”
Constitution? What Constitution?
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And Jim wins in one. Congratulations, you are smarter than Chuck Schumer, not that it’s a really big accomplishment.
There is an abuse of power issue in there as well, but that is not illegal, merely immoral and hugely unjust.
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Constitution? What Constitution?
It still exists until the National Archives is burned to the ground, and everyone who took an oath to protect and defend it is dead.
I understand the despair. Trust me, I really do. But my dad taught me to never, ever give up, and I don’t intend to.
“Even a worm will turn.”
Paraphrase from William Shakespeare in Henry VI