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Aug. 27th, 2023 09:16 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
shadowkat[Sigh. Digestive issues. Make me cranky. Also not sleeping well, due to digestive issues and discomfort. ]
1. There's a campaign to get the Doofus disqualified from running for President or ever getting elected. Finally, someone filed a lawsuit to get him disqualified under the 14th Amendment of the Constitution. (I've been waiting for this to happen for a while now - and had just about given up. Honestly, sometimes I feel like I'm Charlie Brown and the Universe is Lucy holding the proverbial football.)
Disqualification from Public Office under the 14th Amendment
Section 3 of the Fourteenth Amendment was originally intended to keep former Confederate officials from gaining power in the reconstructed government following the Civil War. Known as the "disqualification clause," this section was fairly obscure until January 6, 2021, when supporters of then-President Donald Trump stormed the United States Capitol building.
The Fourteenth Amendment is better known for protecting civil rights. It grants citizenship to all people born in the United States, guarantees equal protection of privileges and immunities of citizens, and requires due process of law. But the events of January 6th brought the disqualification clause into the spotlight.
What Is the Disqualification Clause?
Fourteenth 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 the enemies thereof But Congress may by a vote of two-thirds of each House, remove such disability."
Frequently Asked Questions
What does the Constitution say about insurrection?
Section 3 of the Fourteenth Amendment prohibits anyone who has previously taken an oath of office (Senators, Representatives, and other public officials) from holding public office if they have "engaged in insurrection or rebellion" against the United States. This means, at least theoretically, that politicians who participate in or encourage a rebellion against the government can not only be removed from office but prevented from holding state and federal offices in the future. However, how disqualification works under the 14th Amendment has never been clear.
Could the disqualification clause prevent Donald Trump from running for president in 2024?
Theoretically, yes. Section 3 of the Fourteenth Amendment gives Congress the power to disqualify someone who has already held a public office from holding "any office" if they participate in an "insurrection or rebellion" against the United States.
But since this mechanism has never been used against a president, there are still questions to resolve. The disqualification clause applies to current and former federal officials, state officials, and military officials. However, legal scholars are split on whether the disqualification clause applies to the presidency. It's likely the 14th Amendment will continue to come up in conversations approaching the 2024 presidential election.
Is disqualification different than impeachment?
Yes. Someone who is impeached could be disqualified from holding public office in the future if they are convicted, and Congress applies such a punishment. But this is separate from disqualification under the 14th Amendment. Under Sections 3 and 5 of the Fourteenth Amendment, Congress could bar someone from holding office. But unlike an impeachment conviction, that decision could be overturned by the courts. Most importantly, under the 14th Amendment, disqualification requires only a simple majority vote, not the two-thirds vote needed to convict during an impeachment trial.
Legal Experts Across the Ideological Spectrum Agree the 14th Amendment Disqualifies Trump from Holding Office
14th Amendment, Section 3: A new legal battle against Trump takes shape -Efforts to disqualify Trump from state ballots are starting to materialize.
Separate from the criminal cases, over the past few weeks a growing body of conservative scholars have raised the constitutional argument that Trump's efforts to overturn the results of the 2020 election make him ineligible to hold federal office ever again.
That disqualification argument boils down to Section 3 of the U.S. Constitution's 14th Amendment, which says that a public official is not eligible to assume public office if they "engaged in insurrection or rebellion against" the United States, or had "given aid or comfort to the enemies thereof," unless they are granted amnesty by a two-thirds vote of Congress.
Florida Lawyer files challenge to disqualify Trump from 2024 Race Citing 14th Amendment.
2. Severe gas pains. Ugh. I'm ceiliac - it's one of the side effects. I've had gas issues my entire life. It's why I do milk substitutes, stay away from carbonation for the most part, stopped drinking soda years ago, don't do beans or chickpeas, and find myself taking Gas-X regularly.
Tonight? I did apple cider vinegar, gas-x, and drinking chamoille tea. It's going away - so not appendix. Also it's not located in one region and it's being released. The apple cider vinegar and gas x worked.
I also take Magnesium Citrate.
The ceiliac disease is also responsible for insomnia, constipation, on-set of type 2 diabetes, and other IBS. It's why I don't eat anything with wheat, barley, spelt, rye, or glutens. I also avoid rice, and most other grains. Will do oatmeal - but sparingly. And corn, also sparingly.
I have corn and cheese flour cakes, and gluten free English Muffins. But it's sparingly - that can shoot up the blood sugar.
I think it's something I ate that set my off. My skin is breaking out in hives again. They'll go down. They always do. But I have to figure out what it was. And not do it again.
3. Did a little painting today - playing with an impressionistic painting of a butterfly and flowers. Not from anything but my head.
4. Trying to choose between three dressers now - may go with the smaller, cheaper one. Mainly because I think it may fit the best, even though I like the look of the biggest one the best. Mother is talking me into splurging. Her argument? The furniture will last longer than an expensive trip, is more useful, and less anxiety inducing. Also, is there anywhere I really want to go?
Yes, actually, Machu Picchu. Also, Mexico and it's Mayan Ruins. Bali and those ruins...
But I get her point. Getting a new dresser would cheer me up. Also eyeing two small storage benches or a storage trunk.
Also, need to set up dermatologist appointment for Friday - I don't want to. And a Dental appointment - also don't want to. Hence the procrastination. Thursday is primary care physical and probably blood work.
I hate getting blood work - and I'm doing it constantly now because of the diabetes.
5. Between watching Dark Winds and reading Killers of the Flower Moon - I once again became aware of how horrible the US government and White European Settlers/Immigrants have been to the Native Americans. My Sister-in-Law is part Cherokee, and one of my mother's cousins is part Hopi. My family has always been interested in the Native Americans, and I've studied their culture off and on throughout my life time. My Uncle actually worked on one of the reservations in the Dakotas, and my Grandmother learned how to bed from the Hopi and Navajo, also taught their children. She did a lot of medicine bags - one was a Native American Brave riding a horse into the sunset.
Did you know that over the past 100 or so years, White European Settlers invaded their land and killed over 56 million Native Americans? Not only that - but their genocide changed our climate?
European Colonization Caused Climate Change
European settlers killed 56 million indigenous people over about 100 years in South, Central and North America, causing large swaths of farmland to be abandoned and reforested, researchers at University College London, or UCL, estimate. The increase in trees and vegetation across an area the size of France resulted in a massive decrease in carbon dioxide (CO2) in the atmosphere, according to the study.
Carbon levels changed enough to cool the Earth by 1610, researchers found. Columbus arrived in 1492,
“CO2 and climate had been relatively stable until this point,” said UCL Geography Professor Mark Maslin, one of the study’s co-authors. “So, this is the first major change we see in the Earth’s greenhouse gases.”
Before this study, some scientists had argued the temperature change in the 1600s, called the Little Ice Age, was caused only by natural forces.
But by combining archaeological evidence, historical data and analysis of carbon found in Antarctic ice, the UCL researchers showed how the reforestation – directly caused by the Europeans’ arrival – was a key component of the global chill, they said.
“For once, we’ve been able to balance all the boxes and realize that the only way the Little Ice Age was so intense is … because of the genocide of millions of people,” Maslin told CNN.
By the way - to put this in perspective? 5.8 million Jews were estimated to be killed in the Holocaust, 56 million Native Americans have been estimated to be killed in the US.
The Osage Indians/Native Americans contacted Martin Scorcese regarding filming of "The Killers of the Flower Moon" - to ensure he stuck with the spirit of the book, and focused positively on the Osage Tribe and their culture, and depicted the Killers for the villainous scum they were. (The Killers are being portrayed by Leonardo DiCaprio and Robert Deniro, the good guys are Jesse Plemmons, and others.) It's a 3.5 hour movie. Uhm? I'm thinking this should have been a series not a film. It would have given them more time to delve into certain characters, and the FBI, along with the Osage and what happened to them. Killers is a long novel, it's not a novella or short story.
Dark Winds - is about the Navajo and is filmed in either New Mexico or Arizona. I'm thinking Arizona - on the Navajo land. (Note each Indian or Native American tribe is different, different language, culture, religion, rituals, food preparation, etc. Be like going to Europe and assuming everyone spoke French or German. Not all of them do beaded jewelry, or baskets.) It's adapted from the Tony Hillerman mysteries - which they've tried to adapt previously, but always screwed it up by casting white guys in the roles. I think Val Kilmer was once cast as Leaphorn. It doesn't work. This version is written, directed, and cast primarily with Navajo in the leads. The bad guys tend to be white men. And it takes place in the 1970s (which took me longer to pick up on then it should have). I recognized my mother's station wagon - but I just figured they were stuck with old cars on the reservation. When they did the moon landing on black and white small television sets - I figured it out, along with the polyster suites and shirts.
Dark Winds is on AMC at 9pm Sundays.
Oh Flower Moon went into detail about the shift from the government using private detectives (who were ruthless and used criminal methods - apparently this was the origin of the noir detective novel - Chandler, Hammett, et all were being realistic), to more clean cut investigators with accounting and legal degrees. Flower Moon is a great audio book - I recommend it.
1. There's a campaign to get the Doofus disqualified from running for President or ever getting elected. Finally, someone filed a lawsuit to get him disqualified under the 14th Amendment of the Constitution. (I've been waiting for this to happen for a while now - and had just about given up. Honestly, sometimes I feel like I'm Charlie Brown and the Universe is Lucy holding the proverbial football.)
Disqualification from Public Office under the 14th Amendment
Section 3 of the Fourteenth Amendment was originally intended to keep former Confederate officials from gaining power in the reconstructed government following the Civil War. Known as the "disqualification clause," this section was fairly obscure until January 6, 2021, when supporters of then-President Donald Trump stormed the United States Capitol building.
The Fourteenth Amendment is better known for protecting civil rights. It grants citizenship to all people born in the United States, guarantees equal protection of privileges and immunities of citizens, and requires due process of law. But the events of January 6th brought the disqualification clause into the spotlight.
What Is the Disqualification Clause?
Fourteenth 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 the enemies thereof But Congress may by a vote of two-thirds of each House, remove such disability."
Frequently Asked Questions
What does the Constitution say about insurrection?
Section 3 of the Fourteenth Amendment prohibits anyone who has previously taken an oath of office (Senators, Representatives, and other public officials) from holding public office if they have "engaged in insurrection or rebellion" against the United States. This means, at least theoretically, that politicians who participate in or encourage a rebellion against the government can not only be removed from office but prevented from holding state and federal offices in the future. However, how disqualification works under the 14th Amendment has never been clear.
Could the disqualification clause prevent Donald Trump from running for president in 2024?
Theoretically, yes. Section 3 of the Fourteenth Amendment gives Congress the power to disqualify someone who has already held a public office from holding "any office" if they participate in an "insurrection or rebellion" against the United States.
But since this mechanism has never been used against a president, there are still questions to resolve. The disqualification clause applies to current and former federal officials, state officials, and military officials. However, legal scholars are split on whether the disqualification clause applies to the presidency. It's likely the 14th Amendment will continue to come up in conversations approaching the 2024 presidential election.
Is disqualification different than impeachment?
Yes. Someone who is impeached could be disqualified from holding public office in the future if they are convicted, and Congress applies such a punishment. But this is separate from disqualification under the 14th Amendment. Under Sections 3 and 5 of the Fourteenth Amendment, Congress could bar someone from holding office. But unlike an impeachment conviction, that decision could be overturned by the courts. Most importantly, under the 14th Amendment, disqualification requires only a simple majority vote, not the two-thirds vote needed to convict during an impeachment trial.
Legal Experts Across the Ideological Spectrum Agree the 14th Amendment Disqualifies Trump from Holding Office
14th Amendment, Section 3: A new legal battle against Trump takes shape -Efforts to disqualify Trump from state ballots are starting to materialize.
Separate from the criminal cases, over the past few weeks a growing body of conservative scholars have raised the constitutional argument that Trump's efforts to overturn the results of the 2020 election make him ineligible to hold federal office ever again.
That disqualification argument boils down to Section 3 of the U.S. Constitution's 14th Amendment, which says that a public official is not eligible to assume public office if they "engaged in insurrection or rebellion against" the United States, or had "given aid or comfort to the enemies thereof," unless they are granted amnesty by a two-thirds vote of Congress.
Florida Lawyer files challenge to disqualify Trump from 2024 Race Citing 14th Amendment.
2. Severe gas pains. Ugh. I'm ceiliac - it's one of the side effects. I've had gas issues my entire life. It's why I do milk substitutes, stay away from carbonation for the most part, stopped drinking soda years ago, don't do beans or chickpeas, and find myself taking Gas-X regularly.
Tonight? I did apple cider vinegar, gas-x, and drinking chamoille tea. It's going away - so not appendix. Also it's not located in one region and it's being released. The apple cider vinegar and gas x worked.
I also take Magnesium Citrate.
The ceiliac disease is also responsible for insomnia, constipation, on-set of type 2 diabetes, and other IBS. It's why I don't eat anything with wheat, barley, spelt, rye, or glutens. I also avoid rice, and most other grains. Will do oatmeal - but sparingly. And corn, also sparingly.
I have corn and cheese flour cakes, and gluten free English Muffins. But it's sparingly - that can shoot up the blood sugar.
I think it's something I ate that set my off. My skin is breaking out in hives again. They'll go down. They always do. But I have to figure out what it was. And not do it again.
3. Did a little painting today - playing with an impressionistic painting of a butterfly and flowers. Not from anything but my head.
4. Trying to choose between three dressers now - may go with the smaller, cheaper one. Mainly because I think it may fit the best, even though I like the look of the biggest one the best. Mother is talking me into splurging. Her argument? The furniture will last longer than an expensive trip, is more useful, and less anxiety inducing. Also, is there anywhere I really want to go?
Yes, actually, Machu Picchu. Also, Mexico and it's Mayan Ruins. Bali and those ruins...
But I get her point. Getting a new dresser would cheer me up. Also eyeing two small storage benches or a storage trunk.
Also, need to set up dermatologist appointment for Friday - I don't want to. And a Dental appointment - also don't want to. Hence the procrastination. Thursday is primary care physical and probably blood work.
I hate getting blood work - and I'm doing it constantly now because of the diabetes.
5. Between watching Dark Winds and reading Killers of the Flower Moon - I once again became aware of how horrible the US government and White European Settlers/Immigrants have been to the Native Americans. My Sister-in-Law is part Cherokee, and one of my mother's cousins is part Hopi. My family has always been interested in the Native Americans, and I've studied their culture off and on throughout my life time. My Uncle actually worked on one of the reservations in the Dakotas, and my Grandmother learned how to bed from the Hopi and Navajo, also taught their children. She did a lot of medicine bags - one was a Native American Brave riding a horse into the sunset.
Did you know that over the past 100 or so years, White European Settlers invaded their land and killed over 56 million Native Americans? Not only that - but their genocide changed our climate?
European Colonization Caused Climate Change
European settlers killed 56 million indigenous people over about 100 years in South, Central and North America, causing large swaths of farmland to be abandoned and reforested, researchers at University College London, or UCL, estimate. The increase in trees and vegetation across an area the size of France resulted in a massive decrease in carbon dioxide (CO2) in the atmosphere, according to the study.
Carbon levels changed enough to cool the Earth by 1610, researchers found. Columbus arrived in 1492,
“CO2 and climate had been relatively stable until this point,” said UCL Geography Professor Mark Maslin, one of the study’s co-authors. “So, this is the first major change we see in the Earth’s greenhouse gases.”
Before this study, some scientists had argued the temperature change in the 1600s, called the Little Ice Age, was caused only by natural forces.
But by combining archaeological evidence, historical data and analysis of carbon found in Antarctic ice, the UCL researchers showed how the reforestation – directly caused by the Europeans’ arrival – was a key component of the global chill, they said.
“For once, we’ve been able to balance all the boxes and realize that the only way the Little Ice Age was so intense is … because of the genocide of millions of people,” Maslin told CNN.
By the way - to put this in perspective? 5.8 million Jews were estimated to be killed in the Holocaust, 56 million Native Americans have been estimated to be killed in the US.
The Osage Indians/Native Americans contacted Martin Scorcese regarding filming of "The Killers of the Flower Moon" - to ensure he stuck with the spirit of the book, and focused positively on the Osage Tribe and their culture, and depicted the Killers for the villainous scum they were. (The Killers are being portrayed by Leonardo DiCaprio and Robert Deniro, the good guys are Jesse Plemmons, and others.) It's a 3.5 hour movie. Uhm? I'm thinking this should have been a series not a film. It would have given them more time to delve into certain characters, and the FBI, along with the Osage and what happened to them. Killers is a long novel, it's not a novella or short story.
Dark Winds - is about the Navajo and is filmed in either New Mexico or Arizona. I'm thinking Arizona - on the Navajo land. (Note each Indian or Native American tribe is different, different language, culture, religion, rituals, food preparation, etc. Be like going to Europe and assuming everyone spoke French or German. Not all of them do beaded jewelry, or baskets.) It's adapted from the Tony Hillerman mysteries - which they've tried to adapt previously, but always screwed it up by casting white guys in the roles. I think Val Kilmer was once cast as Leaphorn. It doesn't work. This version is written, directed, and cast primarily with Navajo in the leads. The bad guys tend to be white men. And it takes place in the 1970s (which took me longer to pick up on then it should have). I recognized my mother's station wagon - but I just figured they were stuck with old cars on the reservation. When they did the moon landing on black and white small television sets - I figured it out, along with the polyster suites and shirts.
Dark Winds is on AMC at 9pm Sundays.
Oh Flower Moon went into detail about the shift from the government using private detectives (who were ruthless and used criminal methods - apparently this was the origin of the noir detective novel - Chandler, Hammett, et all were being realistic), to more clean cut investigators with accounting and legal degrees. Flower Moon is a great audio book - I recommend it.