Remove Donald J. Trump's Disability for the Office of President

Not as draconian as Jonathan Swift's 1729 proposal yet still very damaging to the current members of the U.S. Congress.
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James E. White
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Joined: Thu Aug 29, 2024 12:17 pm

Remove Donald J. Trump's Disability for the Office of President

Unread post by James E. White »

“But Congress may by a vote of two-thirds of each House, remove such disability.” U.S. Constitution Amendment XIV

And yet:
"responsibility for enforcing Section 3 against federal officeholders and candidates rests with Congress and not the States" [my emphasis])

Above from Donald J. Trump v. Norma Anderson, et al. at https://www.supremecourt.gov/opinions/23pdf/23-719_19m2.pdf. (Also see Trump v. Anderson.)

The Supreme Court flipped Congress's responsibility from being "remove such disability" to effectively inverting it, via "for enforcing," to "declare such disability" and then the Supreme Court grabbed the "remove such disability" to themselves and (ostensibly) did it. They also had the gall to charge costs to Colorado for its sworn or affirmed office holders obeying the Constitution. The Supreme Court's "and not the States" illogically also undoes States' (via their office holders) requirements to obey at least this one Amendment XIV section. All the Supreme Court's Amendment XIV perversions are logic (and plain English language understanding) failures and are wholly un-Constitutional violations of Amendment IX and Article V. The Supreme Court cannot modify the Constitution, only interpret it when there is an ambiguity or unanticipated new application for principle (e.g., telephone vs. Amendment IV). There is no ambiguity in the "But Congress…" sentence quoted above. By common acknowledgement, neither Robert E. Lee nor Jefferson Davis could have run for President.

I propose that as many people as want to present a draft bill to their congressional representatives both now and again after January 3(?), 2025 and strongly urge their representative to place their signed draft bill “in the hopper” or “with the clerk” as appropriate. Encourage the submission of the bill to an appropriate committee ASAP, then if not returned in a few days file discharge petitions to get the bills back for full house votes where (hopefully) they will not get the required 2/3.

Example:
An Act to Remove the Amendment XIV Sec. 3 Disability of Donald J. Trump.
Whereas at least Colorado, Maine, and Illinois found Donald J. Trump to have participated in an insurrection therefore let it be enacted,

Section 1. The Amendment XIV Sec. 3 disability of Donald J. Trump to take the Office of the President of the United States of America occasioned by his participation in an insurrection is hereby removed.

I would guess that in neither the current Congress nor the 2025 one the requisite 2/3 will not be achieved presumably leaving the next, at least acting president to be JD Vance. (who can then perhaps present better Cabinet, etc., picks)

Additionally:

Given the above Constitutional quote and the “overriding” Supreme Court total, out of nowhere, failure to simply refer the case to Congress I propose a second bill be introduced in the House of Representatives by as many Representatives as can be gotten to that the entire Supreme Court membership be impeached. The Senate can, of course, convict all or some or (unlikely) none of them for what is clearly not “good Behaviour” as is clearly exhibited by the above noted failure to follow the Constitution and turn the issue over to Congress.

To contact your Congressional representatives visit Congress.gov, scroll down to "Current Members of Congress," and select your state (or other area).
James E. White
Site Admin
Posts: 41
Joined: Thu Aug 29, 2024 12:17 pm

Without Removal; Then What?

Unread post by James E. White »

The Constitution has an answer already:
Amendment XX, 3:
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
The second sentence above is the proper one to come into play. A "President elect" who is disabled by Amendment XIV clearly "failed to qualify."

Also see Article II, Sec. 1, Cl. 6 however the above Amendment XX clearly should supersede most of this:
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the VicePresident, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.(Modified by amendments XX & XXV)
The "or a President shall be elected" apparently still being operative. The Amendment XII first and second paragraphs and maybe the fourth come into play for that election to happen. The various amendments clearly were written under the assumption that no Supreme Court would ever attempt to circumvent the Constitution as written. The current Supreme Court has unConstitutionally permitted Donald J. Trump's name on ballots when Amendment XIV clearly states that removing the disability demanded by Amendment XIV can only be done by Congress via 2/3 majorities in each house.
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