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Thursday, December 21, 2023

THE ARTICLE IN QUESTION

 Here is the 14th Amendment, Section 3:

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 he enemies thereof. 

 Now - there's quite a bit to look at here ... but there are several things that must be pointed out

A) there are a lot of people mentioned ... basically, all the Senetors, all the Representatives, all the Electors ... all are mentioned specifically ... then there is a list of officers in both the military (but just the officers, you'll notice) and civially (so no mayors or dog-catchers from the other side) ... they do in fact specify members of State legislatures as well - so if you were a senetor in Georgia, or a Representative in Mississippi during the Civil War, you are being specified.

B) these people must have taken an oath to uphold the Constituation of the United States ... so likely during the Civil War, one could assume, that they did not take an oath to uphold the U.S. Constitution, but rather the Constitution of the Confederate States. Interest bit of a rub there ... remember the Civil War went on for 5 years (1861-1865)

C) the Amendment was ratified in 1868, 2 years after Lincoln's assassination ... under the term of Andrew Johnson - the first President to be impeached (for the removal of the Secretary of War)

D) the Amendment was passed to prevent those who had served the Confederate states from being able to hold power again after the war ... makes sense, since they had suceded once, there was little evidence they wouldn't do it again.

E) the office of neither President nor Vice-President are listed as one of the officers which this applies to.

I find this very interesting.

Lawyers leave nothing to chance ... if you've ever tried to read anything written by a lawyer, you will find they speak a language of there own - while the use the same words regular people do, they do not mean the same.  Found this one out when a family friend had an issue over the words "may" and "might" ... they do not mean the same, and he lost his property for a much smaller amount of money than he had expected, because of a single word ... in "legalese"

... if they had meant for this to be applied to the President or Vice-President why were they not specifically mentioned? The closest they get is to the Electoral College .... 

While it does mention having taken an oath to the Constitution of the United States it does not specify these top two offices ...

and while it does mention "executives it is with a small "e" and not a capital "E" which would specify the Presidency without actually using the word.

Very interesting ...

I'm going to guess that where the Colorado Supreme Court decision was formed on "party lines" ... that the US Supreme Court findings will likely be the same.

Somehow, I simply cannot see how - despite what I've been hearing on the news networks - it is going to be a unanimous decidion either one way or the other!

And this is the issue when politics gets into the court system ... you can never tell if the decidions are based solely on ajudical inturruptation, or on a political standing.

Much like Roe v. Wade -- no matter how you stand, no matter which side -- it will never be seen as a judicial clarification ... you either think "yea, they understand the unborn is life" or you think "poo, they've taken the Right to Chose away" ... when really all they did was say "hey, there's actually nothing in the Constitution that gives you that Right - so its a state issue not a federal one, each State will have to decide for themselves OR Congress will have to ratify an Amendment making it a Right under the US Constitution.
and we've seen how fast they've jumped on that one ... not.

Just thought you might like to see the actual wording of Amendment 14, Section 3 ... and who it actually applies to (remember, at the time Trump-Pence were still in office ... they were not removed until 20 January 2021 ...

Maybe I should do a post about how and why it takes so long after the voting to become President ... hmmm ... I smell some research coming on.

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