Ex-RNC Chair: Court Must Disqualify Any Insurrectionist, Including Trump | Opinion
Feb 28, 2024.1/2
Marc RacicotFormer Montana Governor, RNC Chair
He also served as Chairman of the Republican National Committee as well as thechairman of the Bush/ Cheney Reelection Campaign.
Anti-Trump screed by Bush/Cheney Cartel. This is his “studied and elite opinion”
Although the United States Supreme Courtis not authorized by the Constitution to "make" the law, it is empowered to interpret the law in the context of an actual case or controversy.
Based on Article III of the Constitution, the Court is forbidden from issuing advisory opinions, or hearing a case that's not "ripe," which refers to a controversy that has not yet matured, or one that's based upon hypothetical future events that may not unfold as anticipated or unfold at all. Stated another way, the jurisdiction and power of the Supreme Court is confined to actual cases with identifiable opposing parties who are engaged in a substantial ongoing controversy that is real, adversarial, and presently existing.
The immutable and fundamental constitutional duty of the Supreme Court then, is to decide actual cases or controversies that are ripe and real without being distracted by hypothetical scenarios or theoretical suppositions that remain imaginary. Unfortunately, however, many of those listening to or observing the oral arguments and questions of the justices in Trump v. Anderson could not help but ponder whether the Court, in its consideration, intended to adhere to the judicial interpretation rules articulated in the Constitution and enforced by the Court throughout its history; or, in the alternative, would explore ways for a decision to be avoided or rendered by a different arbiter at a different time and place.
Far better for our union, for the reputation and stature of the court, for the Constitution, for our democracy and, frankly, for the planet, to faithfully confront the issue of disqualification head-on and without delay.The Supreme Court brief of the Colorado voters is a masterful presentation of history and constitutional law that, if studied thoroughly and carefully, will lead any tribunal, including the Supreme Court, inescapably to the right conclusion. KEK
A question asked during argument focused upon where the discretion to disqualify candidates from federal office resides. Fortunately, there is a plain and simple answer. The authority to make such disqualification decisions, whether on the basis of age, residency, birthplace, or Section 3 or the 22nd Amendment, resides in the same place it has always resided for 235 years: with election supervisors and the secretaries of the states and commonwealths.
Parenthetically, it's worth noting that Congress was provided the authority in Section 5 of the 14th Amendment to adopt "appropriate legislation" to enforce other sections of the Amendment in 1868, but in reference to section 3 has never done so over the last 156 years since the ratification of the 14th Amendment. (Hence showing this prior AG, the power never allowed Secretaries of State to Ban a Candidate, because its not the law. This guy is crying buckets of tears and trying to give the power to liberals to ban all republicans.)
There's nothing mysterious or unusual about requiring presidential candidates to meet the aforementioned eligibility requirements. They're mandatory and cannot be waived nor ignored. Throughout history, a multitude of candidates, including presidential candidates, have been disqualified by election officials because of their failure to meet pertinent qualifications allowing access to a primary election ballot.
In reference to the 2024 presidential election, it has been argued by some political soothsayers that because the disqualification requirements of the 14th Amendment have rarely been applied, we should just move on, turn a blind eye to the Constitution, ignore the Disqualification Rule, and quietly leave the voters to address, by their votes, the presidential qualification issues in the coming election….
https://www.newsweek.com/ex-rnc-chair-court-must-disqualify-any-insurrectionist-including-trump-opinion-1874318