314
Colorado GOP Threatens to Go Rogue If Trump Decision Stands
(www.thedailybeast.com)
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 21 Dec 2023
314 points (96.2% liked)
politics
19102 readers
3526 users here now
Welcome to the discussion of US Politics!
Rules:
- Post only links to articles, Title must fairly describe link contents. If your title differs from the site’s, it should only be to add context or be more descriptive. Do not post entire articles in the body or in the comments.
Links must be to the original source, not an aggregator like Google Amp, MSN, or Yahoo.
Example:
- Articles must be relevant to politics. Links must be to quality and original content. Articles should be worth reading. Clickbait, stub articles, and rehosted or stolen content are not allowed. Check your source for Reliability and Bias here.
- Be civil, No violations of TOS. It’s OK to say the subject of an article is behaving like a (pejorative, pejorative). It’s NOT OK to say another USER is (pejorative). Strong language is fine, just not directed at other members. Engage in good-faith and with respect! This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
- No memes, trolling, or low-effort comments. Reposts, misinformation, off-topic, trolling, or offensive. Similarly, if you see posts along these lines, do not engage. Report them, block them, and live a happier life than they do. We see too many slapfights that boil down to "Mom! He's bugging me!" and "I'm not touching you!" Going forward, slapfights will result in removed comments and temp bans to cool off.
- Vote based on comment quality, not agreement. This community aims to foster discussion; please reward people for putting effort into articulating their viewpoint, even if you disagree with it.
- No hate speech, slurs, celebrating death, advocating violence, or abusive language. This will result in a ban. Usernames containing racist, or inappropriate slurs will be banned without warning
We ask that the users report any comment or post that violate the rules, to use critical thinking when reading, posting or commenting. Users that post off-topic spam, advocate violence, have multiple comments or posts removed, weaponize reports or violate the code of conduct will be banned.
All posts and comments will be reviewed on a case-by-case basis. This means that some content that violates the rules may be allowed, while other content that does not violate the rules may be removed. The moderators retain the right to remove any content and ban users.
That's all the rules!
Civic Links
• Congressional Awards Program
• Library of Congress Legislative Resources
• U.S. House of Representatives
Partnered Communities:
• News
founded 1 year ago
MODERATORS
Oh? So you buy that line that the President is not an officer of the government?
Yes, it’s a sound and well-reasoned legal argument which has been adopted by the Supreme Court and was relied upon by the Court less than 15 years ago.
Was it "Free Enterprise Fund v. Public Company Accounting Oversight Bd., 561 U.S. 477 (2010)"?
Because we already talked about how that case wasn't about the president in anything more than their supervisory powers over appointees.
Considering the scotus has already ruled that we don't elect officers in the US...yes, I do find that argument to be reasonable.
I'm assuming you have a source for that?
https://reason.com/volokh/2021/01/20/is-the-president-an-officer-of-the-united-states-for-purposes-of-section-3-of-the-fourteenth-amendment/#:~:text=Accounting%20Oversight%20Bd.%20(2010),Article%20II%2C%20Section%202%20procedures.
It links to the SCOTUS case.
Alright. That's not how SCOTUS rulings work. They aren't word for word law like a bill. So the observation of what an officer is in regards to presidential supervision is exactly that. The holding was that they could not protect an appointee from being fired by using other appointees as a cut out. But only in that case for reasons of breadth of impact and functionally creating law by regulation. It is not an opinion on whether or not the President is an officer under the 14th amendment.
Which Reason does actually point out; more than I expected from them. But they are right that there will be arguments in front of the court over it if the case is accepted. To say that's required is kind of a duh moment. Nobody goes to the SCOTUS and just shrugs.
Smells like bullshit around here.
https://reason.com/volokh/2021/01/20/is-the-president-an-officer-of-the-united-states-for-purposes-of-section-3-of-the-fourteenth-amendment/#:~:text=Accounting%20Oversight%20Bd.%20(2010),Article%20II%2C%20Section%202%20procedures.
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...
Pretty clear. Hold any office. He can't hold any office.