![]() ![]() He falsely alleged that the election was stolen even before all ballots were counted. The Real Takeaway From the “National Security Threat” Panic Or Maybe …Įveryone Needs to Stop Freaking Out About Biden’s Age Immediately Sure, Maybe Republicans’ Loss in New York Is a One-Off. Welp, It Looks Like Fani Willis Torched Her Case Against Trump Lee could prove they did not “engage” in an insurrection because they were traitors, not insurgents nor rebels. Under absurd Trumpian principles of legal interpretation, then, Jefferson Davis and Robert E. Jacob Howard of Michigan, who introduced to the Senate the final version of Section 3 of the 14 th Amendment, spoke for the entire Republican Party in maintaining that there was “no distinction between inciting a rebellion or insurrection, setting on foot a rebellion or insurrection, assisting in a rebellion or insurrection, or engaging in a rebellion or insurrection.” If inciting a rebellion differs from engaging in a rebellion, as Trump’s defenders have argued, citing differences in statutory text, then both must differ from committing treason. ![]() Congressman George Boutwell, a member of the Joint Committee on Reconstruction responsible for drafting the 14 th Amendment, later set this out as the 19 th-century consensus in The Constitution of the United States at the End of the First Century. John Marshall, James Wilson, Joseph Story, Benjamin Curtis, and Francis Lieber were among the giants of American constitutional law who concurred over time that these constituted the elements of an insurrection. That understanding was articulated by the Supreme Court, Supreme Court justices riding circuit, other federal judges, state court judges, and the leading legal treatise writers during the period between ratification of the Constitution and Reconstruction. What these insurrections had in common was 1) an assemblage 2) resisting the law 3) by force or intimidation 4) for a public purpose. The Ku Klux Klan Act of 1871, which specifically incorporated Section 3 of the 14 th Amendment, described Klan violence as “insurrections.” experienced many violent episodes that were contemporaneously identified as insurrections, from Shays’ Rebellion, in 1786, and the Whiskey Rebellion, in 1794, to the Civil War. From the ratification of the Constitution until the end of Reconstruction, the U.S. Bush’s presidency, has submitted an amicus brief on Trump’s behalf claiming “the breadth of the term ‘insurrection ’ … is, in the absence of legislative definition, uncertain and indeterminate.” Trump’s lawyers’ brief insists that “nothing that President Trump did in response to the 2020 election or on January 6, 2021, even remotely qualifies as ‘insurrection.’ ”īoth claims are baseless inventions, easily contradicted by an abundant historical record as well as by the evidence. John Yoo, a former Department of Justice official who wrote the infamous “torture memos” during George W. Griswold on Thursday is whether Trump violated his oath of office by inciting, participating, and engaging in an insurrection against the United States. The central question before the Supreme Court when the justices hear oral arguments in Anderson v. Nothing has happened between 18 to change the constitutional principle that a person is disqualified to lead the government whose law and election returns he violently resisted. They would have kicked Trump to the curb when the former president tried to run for office after he fomented an insurrection, on Jan. They deliberately settled the question for the future. But they entrenched the Constitution’s understanding of an insurrection and an insurrectionist. Republican lawmakers framed and ratified Section 3 of the 14 th Amendment after the greatest insurrection in American history. ![]()
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