Elections; 2024
POSTED BY: THG
UPDATED: Friday, November 21, 2025 00:12
VIEWED: 206031
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The Colorado Supreme Court Decision Is True Originalism
And that should theoretically appeal to the Supreme Court’s conservative justices.
December 21, 2023, 12:26 PM ET
However troubling its political implications might be, the Colorado Supreme Court’s ruling on Tuesday that Donald Trump is disqualified from the state’s primary ballot for having “engaged in insurrection” demonstrates that the judicial system is still functioning in the United States. The reason is straightforward: The court applied the plain language of the Constitution, doing its job with clarity and fidelity to the rule of law.
But perhaps what is most striking about Colorado’s decision was the conservative reasoning the justices employed to reach their conclusion. The four justices who voted in the majority adhered to three stalwart principles of judicial conservatism: textualism (by which judges endeavor to strictly apply the plain text of the Constitution), originalism (by which they refer to historical sources for a contemporaneous understanding of that text), and federalism (by which judges take pains to respect the dual sovereignty of the states alongside the federal government as well as the state courts’ concomitant prerogative to construe their own laws).
This third element is perhaps the most interesting. The Colorado Supreme Court was tasked with interpreting Colorado’s Uniform Election Code of 1992, which contains that state’s criteria for getting on its presidential ballot. It determined that disqualification under Section 3 of the Fourteenth Amendment is also disqualifying under Colorado law. And it upheld the lower court’s conclusion, after a multiday evidentiary hearing, that Donald Trump in fact engaged in insurrection. Because he is thus disqualified as a matter of Colorado law, the Colorado Supreme Court determined, “it would be a wrongful act under the Election Code for the Secretary [of State] to list him as a candidate on the presidential primary ballot.”
The U.S. Supreme Court has ignored this sort of reasoning before — and to ill effect. In Bush v. Gore, it ruled in 2000 that manual recounts under Florida’s law regarding contested election results would violate the Constitution’s equal-protection clause, and thus effectively handed the election to George W. Bush by a margin of 537 votes. In dissent, Justice John Paul Stevens emphasized that “when questions arise about the meaning of state laws, including election laws, it is our settled practice to accept the opinions of the highest courts of the States as providing the final answers.” The conservative justices of today’s Court should bear this example in mind — and the stakes for the Court’s legitimacy — when considering whether the Colorado court got this aspect of its interpretation right.
https://www.theatlantic.com/ideas/archive/2023/12/colorado-supreme-cou
rt-decision-originalism-trump/676934/
The Joss Whedon script for Serenity, where Wash lives, is Serenity-190pages.pdf at
https://www.mediafire.com/folder/1uwh75oa407q8/Firefly
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Wow, so much rewriting of history!
The disqualification clause was bc of the Civil War, an ACTUAL insurrection that killed 750,000.
THAT was an insurrection.
Jan 6??
NOT SO MUCH.
Leave it to demented ideologues and liars not to note the difference.
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"It may be dangerous to be America's enemy, but to be America's friend is fatal." - Henry Kissinger
Loving America is like loving an addicted spouse - SIGNYM
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Quote:
Originally posted by SIGNYM:
Wow, so much rewriting of history!
The disqualification clause was bc of the Civil War, an ACTUAL insurrection that killed 750,000.
THAT was an insurrection.
Jan 6??
NOT SO MUCH.
Leave it to demented ideologues and liars not to note the difference.
-----------
"It may be dangerous to be America's enemy, but to be America's friend is fatal." - Henry Kissinger
Loving America is like loving an addicted spouse - SIGNYM
Only one person died on January 6th, and they were shot by a cop.
The other deaths were suicides, mostly by cops, who felt guilty about what happened on that day when they were following orders of the Uniparty.
Then there was Matthew Perna who decided he wasn't going to be a political prisoner of the Biden* Administration and took his own life.
January 6th was not an insurrection, and would never be found an insurrection in any court of law.
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Political correctness is just tyranny, with a smiley face.
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Quote:
Originally posted by SIGNYM:
Wow, so much rewriting of history!
The disqualification clause was bc of the Civil War, an ACTUAL insurrection that killed 750,000.
THAT was an insurrection.
Jan 6??
NOT SO MUCH.
Leave it to demented ideologues and liars not to note the difference.
SIX: Only one person died on January 6th, and they were shot by a cop.
The other deaths were suicides, mostly by cops, who felt guilty about what happened on that day when they were following orders of the Uniparty.
Then there was Matthew Perna who decided he wasn't going to be a political prisoner of the Biden* Administration and took his own life.
January 6th was not an insurrection, and would never be found an insurrection in any court of law.
--------------------------------------------------
Political correctness is just tyranny, with a smiley face.
Which makes the Colorado court ruling even more demented. I will say, tho, in recognition of three judges, it was a 4-3 decision, and the 3 dissenters are Democrats.
Political hysteria is off the charts. Congrats to the 3 who stayed sane when everyone else is losing their shit.
-----------
"It may be dangerous to be America's enemy, but to be America's friend is fatal." - Henry Kissinger
Loving America is like loving an addicted spouse - SIGNYM
NOTIFY: Y | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME
So, back to Vivek for a moment: I listened to most of Jimmy Dore's interview of Vivek, and tho I liked a lot of what he said, I was deeply disappointed in his views on Israel and Palestine. Altho probably he's in line with most populist Republicans.
I think, being of Indian extraction and raised Hindu, he probably is wildly anti-Muslim. It's an ugly ugly part of his world view.
Same with Trump. I really like him on some of his foreign policies (border security, anti-globalist pro-protectionist, and make nice with Russia) but his views on Israel and Iran? They come from the troglodyte era.
Unfortunately you have to take good with bad.
-----------
"It may be dangerous to be America's enemy, but to be America's friend is fatal." - Henry Kissinger
Loving America is like loving an addicted spouse - SIGNYM
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And it continues.
T
Democrats score one of the biggest wins of 2023
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Democrats haven't scored a win in 2023.
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Political correctness is just tyranny, with a smiley face.
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Donald J. Trump @realDonaldTrump
Merry Christmas to all,
including Crooked Joe Biden’s ONLY HOPE,
Deranged Jack Smith,
the out of control Lunatic who just hired outside attorneys,
fresh from the SWAMP (unprecedented!),
to help him with his poorly executed WITCH HUNT against “TRUMP” and “MAGA.”
Included also are World Leaders,
both good and bad,
but none of which are as evil and “sick” as the THUGS we have inside our Country who,
with their Open Borders,
INFLATION,
Afghanistan Surrender,
Green New Scam,
High Taxes,
No Energy Independence,
Woke Military,
Russia/Ukraine,
Israel/Iran,
All Electric Car Lunacy,
and so much more,
are looking to destroy our once great USA.
MAY THEY ROT IN HELL.
AGAIN,
MERRY CHRISTMAS!
Dec 25, 2023, 1:38 PM
https://truthsocial.com/@realDonaldTrump/posts/111642745146668045
The attack on electric vehicles has been a relatively new grievance for Trump. In September, he called them a "hoax" and said President Joe Biden's tax credits for electric cars and trucks made in the United States amounted to "a transition to hell."
https://www.businessinsider.com/donald-trump-electric-car-supporters-r
ot-hell-christmas-truth-social-2023-12
The Joss Whedon script for Serenity, where Wash lives, is Serenity-190pages.pdf at
https://www.mediafire.com/folder/1uwh75oa407q8/Firefly
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Quote:
Originally posted by second:
Donald J. Trump @realDonaldTrump
Merry Christmas to all,
including Crooked Joe Biden’s ONLY HOPE,
Deranged Jack Smith,
the out of control Lunatic who just hired outside attorneys,
fresh from the SWAMP (unprecedented!),
to help him with his poorly executed WITCH HUNT against “TRUMP” and “MAGA.”
Included also are World Leaders,
both good and bad,
but none of which are as evil and “sick” as the THUGS we have inside our Country who,
with their Open Borders,
INFLATION,
Afghanistan Surrender,
Green New Scam,
High Taxes,
No Energy Independence,
Woke Military,
Russia/Ukraine,
Israel/Iran,
All Electric Car Lunacy,
and so much more,
are looking to destroy our once great USA.
MAY THEY ROT IN HELL.
AGAIN,
MERRY CHRISTMAS!
Dec 25, 2023, 1:38 PM
https://truthsocial.com/@realDonaldTrump/posts/111642745146668045
The attack on electric vehicles has been a relatively new grievance for Trump. In September, he called them a "hoax" and said President Joe Biden's tax credits for electric cars and trucks made in the United States amounted to "a transition to hell."
https://www.businessinsider.com/donald-trump-electric-car-supporters-r
ot-hell-christmas-truth-social-2023-12
Try this two...
T
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Quote:
Originally posted by second:
Donald J. Trump @realDonaldTrump
Merry Christmas to all,
including Crooked Joe Biden’s ONLY HOPE,
Deranged Jack Smith,
the out of control Lunatic who just hired outside attorneys,
fresh from the SWAMP (unprecedented!),
to help him with his poorly executed WITCH HUNT against “TRUMP” and “MAGA.”
Included also are World Leaders,
both good and bad,
but none of which are as evil and “sick” as the THUGS we have inside our Country who,
with their Open Borders,
INFLATION,
Afghanistan Surrender,
Green New Scam,
High Taxes,
No Energy Independence,
Woke Military,
Russia/Ukraine,
Israel/Iran,
All Electric Car Lunacy,
and so much more,
are looking to destroy our once great USA.
MAY THEY ROT IN HELL.
AGAIN,
MERRY CHRISTMAS!
Dec 25, 2023, 1:38 PM
https://truthsocial.com/@realDonaldTrump/posts/111642745146668045
The attack on electric vehicles has been a relatively new grievance for Trump. In September, he called them a "hoax" and said President Joe Biden's tax credits for electric cars and trucks made in the United States amounted to "a transition to hell."
https://www.businessinsider.com/donald-trump-electric-car-supporters-r
ot-hell-christmas-truth-social-2023-12
The Joss Whedon script for Serenity, where Wash lives, is Serenity-190pages.pdf at
https://www.mediafire.com/folder/1uwh75oa407q8/Firefly
Trump doesn't even have to mention the coal burning cars.
All the major players have already started ramping down production of them since the public isn't buying them and they're rotting on the lots.
The Coal Burning car problem is going to take care of itself.
--------------------------------------------------
Political correctness is just tyranny, with a smiley face.
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