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Dec 29 2023 02:43pm
The year is 2024. Biden just declared the Republican party an insurrection.

They are all jailed. The juries are instructed that their existence is an insurrection and not voting to convict would also be insurrection, since Biden gets to define insurrection.

"This is fine. The framers intended for a broad authority of the executive" - Goomshill
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Dec 29 2023 02:45pm
Quote (Thor123422 @ Dec 29 2023 12:43pm)
The year is 2024. Biden just declared the Republican party an insurrection.

They are all jailed. The juries are instructed that their existence is an insurrection and not voting to convict would also be insurrection, since Biden gets to define insurrection.

"This is fine. The framers intended for a broad authority of the executive" - Goomshill


" I am PaRDs resident Patriot" - also Goom, who loves feudalism apparently
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Dec 29 2023 02:51pm
Quote (Thor123422 @ Dec 29 2023 02:40pm)
Cool. So Biden can declare Jan 6th an insurrection, or Trump existing an insurrection, and as long as they get 24 Democrat holdouts on the impeachment vote, Trump can just be thrown in jail and barred from office.

Good to know.


If Joe Biden wanted to right now, he could declare that the fact Colorado had declared Trump an illegitimate president for actions Trump took while in office puts Colorado in a de facto state of rebellion since they no longer acknowledge the lawful authority of the federal government. Joe could order the military to mobilize to put down a rebellion and preparing to raid border forts in Colorado and pass out bayonets and wheel out the 12 pounder cannons to fight another civil war. And as long as he got 24 Democratic holdouts on an impeachment vote, he'd remain in office, sure.

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The unitary executive theory is made up from whole cloth and goes directly against what the founders wanted as a president. Ya know, they just got done being oppressed by a king? That was kind of a huge motivation to limiting the president's power.


Their desire to be safeguarded against a tyrant is why they gave us the impeachment power
The necessity for a unitary executive to act decisively in times of war and insurrection and to guide diplomacy and see laws executed faithfully is why they gave us a presidency.

What you're crucially missing in all this is that the American republic is not premised in some perfect self-sustaining system of checks and balances that are infallible and unbreakable. The American republic is premised in giving us enough safeguards that we can bounce back from the breaking point and let sane people prevail. Only as long as there's a shared civic spirit of a country willing to be ruled by the will of the majority with respect to the minority, even if they personally disagree with the results. Absent that, it all falls apart. The president is assumed by founders to be a sane and competent individual chosen because he has the nation's best interests at heart, and the elector process of the states meant to ensure that. The laws aren't aimed at a wildman theory of a dangerous executive that needs to be constrained. That would be nonsensical, particularly today. If Joe Biden wanted to wreck havoc, he carries the nuclear football.
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Dec 29 2023 02:55pm
the republican party is an actual criminal organization. since when is refusing to hold people accountable "in the best interest of the country" ???



This post was edited by gnarjay on Dec 29 2023 02:55pm
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Dec 29 2023 03:04pm
Quote (Goomshill @ Dec 29 2023 02:51pm)
If Joe Biden wanted to right now, he could declare that the fact Colorado had declared Trump an illegitimate president for actions Trump took while in office puts Colorado in a de facto state of rebellion since they no longer acknowledge the lawful authority of the federal government. Joe could order the military to mobilize to put down a rebellion and preparing to raid border forts in Colorado and pass out bayonets and wheel out the 12 pounder cannons to fight another civil war. And as long as he got 24 Democratic holdouts on an impeachment vote, he'd remain in office, sure.

Their desire to be safeguarded against a tyrant is why they gave us the impeachment power
The necessity for a unitary executive to act decisively in times of war and insurrection and to guide diplomacy and see laws executed faithfully is why they gave us a presidency.

What you're crucially missing in all this is that the American republic is not premised in some perfect self-sustaining system of checks and balances that are infallible and unbreakable. The American republic is premised in giving us enough safeguards that we can bounce back from the breaking point and let sane people prevail. Only as long as there's a shared civic spirit of a country willing to be ruled by the will of the majority with respect to the minority, even if they personally disagree with the results. Absent that, it all falls apart. The president is assumed by founders to be a sane and competent individual chosen because he has the nation's best interests at heart, and the elector process of the states meant to ensure that. The laws aren't aimed at a wildman theory of a dangerous executive that needs to be constrained. That would be nonsensical, particularly today. If Joe Biden wanted to wreck havoc, he carries the nuclear football.


If you went through your civics classes and thought the founders wanted or intended for a president that could do these things, then you either slept through your classes or they failed you.

What you're describing is literally the exact opposite of the discussions around the office of the presidency. They not only expected a president to eventually attempt to be a tyrant, they knew it would happen and designed the office with the express purpose of preventing that from happening.
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Dec 29 2023 03:19pm
Quote (Thor123422 @ Dec 29 2023 03:04pm)
If you went through your civics classes and thought the founders wanted or intended for a president that could do these things, then you either slept through your classes or they failed you.

What you're describing is literally the exact opposite of the discussions around the office of the presidency. They not only expected a president to eventually attempt to be a tyrant, they knew it would happen and designed the office with the express purpose of preventing that from happening.


If you went through a civics class and your takeaway is that the founders wanted or intended a single government form or philosophy then you definitely got scammed. The discussions of the office of the presidency were just like all the other compromises, done between wildly differing views and arguments. And that compromise was to have a unitary executive granted powers like being commander-in-chief, to commission officers, to see the laws executed, to receive diplomats, etc, but not granted the power to make laws or spend money and to be subject to impeachment and removal.
They understood that a deliberative body was slow moving and indecisive because the constitutional convention was proving that to them all too well. And they were similarly wary of the dangers of a king with limitless powers. So they reached a compromise.


Are you just today learning that you live in a constitutional democratic republic led by a president, not a pure direct democracy where all the minorities get thrown into a well?
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Dec 29 2023 03:22pm
Quote (Goomshill @ Dec 29 2023 03:19pm)
If you went through a civics class and your takeaway is that the founders wanted or intended a single government form or philosophy then you definitely got scammed. The discussions of the office of the presidency were just like all the other compromises, done between wildly differing views and arguments. And that compromise was to have a unitary executive granted powers like being commander-in-chief, to commission officers, to see the laws executed, to receive diplomats, etc, but not granted the power to make laws or spend money and to be subject to impeachment and removal.
They understood that a deliberative body was slow moving and indecisive because the constitutional convention was proving that to them all too well. And they were similarly wary of the dangers of a king with limitless powers. So they reached a compromise.


Are you just today learning that you live in a constitutional democratic republic led by a president, not a pure direct democracy where all the minorities get thrown into a well?


Oof, the fact that you didn't even respond to what I said and just made up a position really shows how much dissonance you have over this opinion.
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Dec 29 2023 03:30pm
Quote (gnarjay @ Dec 29 2023 03:03pm)
tbh, you seem intent on misunderstanding everything I post. if you want to understand it, youre gonna have to do it yourself and I was nice enough to give you a link to his indictment. the indictment spells ALL of that out, I cant translate 45 pages into bogie-speak


The problem with our discussion is not that I'm misunderstanding you, it's that you're fundamentally confused.

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the big thing you are missing is that he doesnt need a specific "insurrection" charge to be barred from office, his actions on and leading up to Jan 6 disqualify him based on the language of the Insurrection Act. you can play semantics all day but that doesnt change the facts


The Insurrection Act empowers the President to put down with force any rebellion or insurrection.

Here is the definition of insurrection per the U.S.C

Quote
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.


It is a crime to commit insurrection, and it could potentially bar Trump from holding office, but this is a moot point as Trump is not being charged with insurrection as a crime. Ergo, he is not barred from running for office.

A secondary question is whether or not the President, who is the Executive branch personified, falls under an "officer" of the United States. Personally, I lean towards no, and the proper recourse for a rogue executive is clearly spelled out in the Constitution by way of impeachment. But if that ever becomes a matter before the Supreme Court it will be a fascinating decision to watch.
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Dec 29 2023 03:32pm
Quote (Thor123422 @ Dec 29 2023 03:22pm)
Oof, the fact that you didn't even respond to what I said and just made up a position really shows how much dissonance you have over this opinion.


Quote (Goomshill @ Dec 29 2023 02:17pm)
Just to be clear how many levels deep we are:

  • No insurrection or rebellion occurred
  • Trump was never charged with insurrection or rebellion
  • Trump has never faced due process on charges of insurrection or rebellion
  • Trump has never been convicted of insurrection or rebellion
  • The 14th amendment refers exclusively to insurrection or rebellion as an actual act of warfare, for self-declared rebels
  • The 14th amendment is not self-executing and specifically empowers congress to pass laws to execute it
  • Congress has not passed any law to execute the 14th amendment to prohibit a presidential candidate
  • The 3rd clause of the 14th amendment only applies to officers of the united states, not the presidency which is excluded
  • The constitution grants the power to raise militias to fight insurrections to the president, granting him the authority to define an insurrection
  • Running for office is a legal right that cannot be stripped without due process
  • No state court has jurisdiction over events 1500 miles away unrelated to them, nor to disenfranchise half the country
  • No state court has jurisdiction to declare a president illegitimate, and doing so is itself de facto rebellion in such a delicious slice of irony
  • The president has a constitutional authority to take care the law is faithfully executed as he sees fit, which cannot be infringed upon by any other power of government
  • A secretary of state is a bureaucrat who's actions are completely personal and arbitrary
  • No federal election will be legitimate is any state refuses to hold a free and fair election and submits a rigged slate of electors
  • The very notion of trying to strip an opponent off a ballot because you're afraid he'll beat you in the next election is the most pathetic limpdick form of tyranny imaginable


Am I missing anything? Probably more to be said about shredding the checks and balances.
Not sure


:banana:
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Dec 29 2023 03:35pm
Quote (Goomshill @ Dec 29 2023 03:32pm)
:banana:


If there's one thing the founders were crystal clear about its that the president should be able to be a king unless two thirds voted to remove him.

Yep, I think it was Jackson who wrote that
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