A group of Minnesotans filed suit yesterday in the Minnesota Supreme Court to block Secretary of State Steve Simon from placing Donald Trump’s name on the 2024 primary and general election ballots. They argue that the 14th Amendment prevents insurrectionists like Trump from holding any public office.
The lawsuit, led by Free Speech For the People, alleges Trump meets this criteria and it’s asking the state’s highest court to keep him off the ballots in the presidential primary and November general election. Among the Minnesotans who filed the petition are former DFL Secretary of State Joan Growe, former state Supreme Court Justice Paul Anderson and Dave Thul, former co-chair of the Steele County GOP.
…Thul, a 22-year veteran of the Minnesota National Guard, said he was “sickened” watching the attack on the capitol two years ago play out on TV. He argues the decision to file the petition is not partisan act but a pursuit for justice.
“This is about accountability and about justice and if you support the Constitution, I think there’s no way to get around address this issue. And ultimately what we’re asking for is for the courts to decide,” he told WCCO [Caroline Cummings, “Group Files to Block Trump from Minnesota’s 2024 Ballot Under ‘Insurrection Clause’ of 14th Amendment,” WCCO-TV, 2023.09.12].
Thul’s Minnesota GOP leader responds by deeming the United States Constitution a “fringe legal theory“:
Minnesota GOP party chair David Hann provided the following statement to MPR News.
“The Republican Party of Minnesota believes that voters in Minnesota should ultimately decide through voting which candidates are qualified to represent them in public office. The Minnesota Supreme Court should reject this fringe legal theory which is purposefully designed to prevent voters from having a voice in our elections” [Mike Zdechlik and Dana Ferguson, “Minnesota Lawsuit Seeks to Keep Trump off 2024 Ballot,” MPR News, 2023.09.12].
The 14th Amendment is not a fringe legal theory. Section 3 of the 14th Amendment is arguably more direct, clear, and less open for debate than the First and Second Amendment:
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 [United States Constitution, 14th Amendment, Section 3, ratified 1868.07.09].
If you have taken an oath to support the Constitution (Trump did, once), and if you insurrected against the Constitution (Trump has, more than once) or given aid and comfort to insurrectionists (Trump has, in many ways), you don’t get to hold another federal or state office unless two-thirds of each chamber of Congress say you can (and Congress has not and will not issue Trump any such get-out-of-insurrection-free card). That’s not fringe legal theory; that’s a clear statement that attempting to thwart the United States Constitution disqualifies the thwarter from public office.
Amendment 14 Section 3 is as clear a criterion for Presidential eligibility as Article 2 Section 1, which states the President must be a natural born citizen at least 35 years old. The Minnesota GOP, echoing an argument Georgia Secretary of State Brad Raffensperger made in the papers last week, contends we must let voters decide who is qualified to be President. But the Constitution sets limits on voters’ choices for President. Voters can’t elect an 18-year-old President. Voters can’t elect Vladimir Putin (though the minority who voted for Trump pretty much did that in 2016). Voters can’t elect an insurrectionist. And secretaries of state can’t put 18-year-olds, Vladimir Putin, or insurrectionists like Donald Trump on our Presidential ballots any more than South Dakota’s Secretary of State could put impeached and convicted Jason Ravnsborg’s name on a ballot. Voters cannot override the Constitution. To contend otherwise is to disrespect the rule of law and endorse mobocracy.
Republicans tell us we have to place the American Constitution before anything else. The Minnesotans suing to keep Trump off the ballot are doing just that.
Minnesota is like Colorado’s “Sister State”.
– Coloradans sue to keep former President Donald Trump off the ballot in Colorado. – CBS NEWS
https://www.cbsnews.com/amp/colorado/news/coloradans-lawsuit-former-president-donald-trump-off-ballot-colorado/
It is karma how so many of Trumps most vile attacks have found their way back to apply to him. After the “lock her up” chants for Sec. Clinton, now Trump faces indictments and criminal prosecution. After arguing that President. Obama should be disqualified from office by virtue of citizenship, now Trump’s qualification for office is brought to question.
Colorado’s challenge will stay in the state!
https://www.nbcnews.com/politics/donald-trump/judge-rejects-trump-request-move-colorado-ballot-case-federal-court-rcna104758
The nation needs some red and swing states to sue to keep trump off the ballot. Make it federal question to circumvent the corrupt elected and appointed judges and justices.
The Minnesota Supreme Court should reject this fringe legal theory which is purposefully designed to prevent voters from having a voice in our elections” [Mike Zdechlik and Dana Ferguson, “Minnesota Lawsuit Seeks to Keep Trump off 2024 Ballot,” MPR News, 2023.09.12].
How is this explanation any different than South uhkota magats chanfing the sifnature requirement to get a petition on the ballot. magats threshhold is too high and set to discourage voters from participating in democracy.
Two more thoughts:
– the images of noem in a forearm grip/hug with a ‘rapist’ according to a judge, and a thug facing 91 felony charges – is well, gripping. SD dems and independents should use that image.
– what minority republicans are doing to retain power in Wisconsin is a warning to all Americans: https://www.theguardian.com/commentisfree/2023/sep/13/wisconsin-warning-democracy-gerrymandering
John, gerrymandering, the Senate, the politicization of the judicial system, redefining bribery as political free speech: the GOP has been playing the anti-democratic, long-game, power grab for decades. I have some serious worries that there are enough democratic (small d) institutions left to check this well-implemented master plan. Gun control and Roe both demonstrate how easy it is for the minority to make policy and how hard it has become for the majority — the VAST majority — to thwart, much less deconstruct.
I think a major cog in the trump wheel is the Church. I would say more than half his support comes from preachers indoctrinating their flocks by preaching the trump gospel. Tax the liars.
Every service I have been to since Donald has been blatantly partisan and very, very wicked. Hell, the priest even brought up Trump at my antie’s burial. I thought my mom’s head was going to pop off. It was inappropriate and bizarre. My sister said it perfectly years ago that it isn’t possible for a Christian to vote for Trump.
Cory reports that Minnesota Republican Trump supporters are contending:
This argument overlooks a key historical fact: Minnesota Republican voters already have already decided “which candidates are qualified to represent them in public office” by voting to ratify this section of the 14th Amendment on January 16, 1867.
You Democrats keep trying, you 100% misrepresent the 14 Amendment, and even more so, present a greater need to repeal the 14th Amendment itself, section three is an amended provision to an earlier version of the 13 Amendment ratified by 12 States in 1810, which mysteriously was lost during the War of 1812, which basically stripped any American Citizen of their citizenship if they held a nobility, were given immunity or a present or money from a Foreign Country. The original 13 Amendment went further, and protected the states, and would have been enforced by the States themselves…however, by 1860, the powers at-large did not support that, they simply wanted to protect the Federal Govt, of whom is today controlled by British Bankers, Lawyers, and Investors of the Bank itself…
Section 3 of the 14th Amendment says:
NO PERSON SHALL BE…
a U.S Senator in Congress,
a U.S Representative in Congress,
an Elector for the President (or Vice President) of the Federal Government,
Shall NOT hold any Public Department, Office, or Agency, or the Military of the Federal Government (speaking to OFFICERS)
It goes further, to say, NO PERSON shall NOT hold any such State Department, Office, Agency of any of the Federalized State Governments.
PUBLIC OFFICIALS such as the President, Vice President, Governor, Lt. Governor, Attorney General, Secretary of State, State Treasurer, State Auditor, Public Land or School Commisioners ARE ALL “ELECTED OFFICIALS” and NOT subject to the 14 Amendment. The only means to remove them from their “OFFICIAL CAPACITY” is by means of the Impeachment and Removal Process in order to Remove the Disability.
“GOVERNMENT” cannot restrict any American from petitioning to place Initiatives, Resolutions, and Candidates on the Ballot..doing so, wuld mean the “Government” has to much power, and would become to tyrannical…
Secretary of States are beholden to the U.S Constitution, as ELECTED OFFICIALS, and that means they must allow for PETITIONS to proceed, and so long as they are constitutional, are lawfully being conducted, the initiatives, resolutions and candidates go on ballots.
The Section 3 of the 14 Amendment simply instructs them to NOT ALLOW “such persons” to go on a ballot for very specific positions.
The only means, and way to Disqualify, or Remove Donald Trump from acting as the PRESIDENT is to impeach him, then convince the SENATE to convict, and remove him, and that goes the same for Joe Biden as well…
The intent of Section 3 was to keep those “American Citizens” from acting as U.S Senators, U.S Reps, as ELECTORS of the President, le alone preventing such Americans from being APPOINTED or INSTALLED into places of influence in those Federal or State Departments, Offices, Agencies, Military Offices, etc.
No where in the AMENDMENT does it disqualify an AMERICAN from being initialized as a CANDIDATE FOR PRESIDENT.
Basically put, Confederate AMericans were barred from becoming U.S Senators, U.S Reps, Electors for President, from being Appointed into Officer Roles of the Federal Departments, Offices, Agencies, Military Offices, the Judiciary Offices, likewise, the same as for the State Departments, Offices, Agencies, Military Offices, and State Courts, etc of whom take an oath to upon appointment – the Constitution.
The AMENDMENT therefore allows for CONGRESS to remove the disability once the President, U.S Senator, U.S House, or the Elector was elected, in order to prevent them from being OFFICIALLY Seated…
So basically, there is NOTHING you can do until AFTER the Election…
The only time that SECTION 3 was used to keep an “Elected OFFICIAL” from being seated was in 1919 when a Socialist named Victor Berger was elected by the people of his State to be their U.S Senator. Congress further, utilized Section 3 to remove the disability, in order to keep him from being officially seated in his office, claiming Espianage, to which the Supreme COURT over rulled citing over-reach cause they did NOT clearly define, nor closely narrow the field of restrictions on their claims…
NO STATE can bar, nor disqualify DOnald Trump from becoming a Candidate…period. You would have to wait until hes elected, then Congress then can act, to bring forth claims against him, to prevent him from being “officially seated” in the Executive Mansion.
Fact.
Zitterich and his Earth haters are scared.
Good.
Pretty funny when some bozo who sells crap cars in Sioux Falls thinks he knows better than judges and constitutional scholars.
Mike, get help. Also, you havent admitted to being wrong about your claims of drivers licensing versus voting in MN?
@bearcreekbat, good find. History is so historical that you can find so much of it by just wanting to know it. I’m sure after Mr. Hann has this pointed out to him, he will then go to some other rabbit hole to crawl in to.
I see that Mike Z has argued:
Hmm, it would seem that “Military Offices” necessarily includes any U.S. President who would be installed as Commander in Chief of the American military by virtue of being elected President.
To Mike Z a President, Vice President are NOT officially “Officer”s of the government. He’s subtlely inferring that his golden-haired clown should be what he wants to be—KING of the USA. Any doubts there at all????
You Democrats are way out of bounds here in your arguments:
The EXECUTIVE, CONGRESS, the SUPREME COURT are “Elected or Appointed Officials” of whom Over-See the Federal Government..(the people placed these three entities above the Government, to shield the states, and the people from the government)…
The Federal Beaucracy of Federal Departments, Offices, Agencies, Federal Contracted Coporations = the Government of which has Officers, Agents, Employees, and contracted people…
—-
The GOVERNER, LEGISLATURE, and SUPREME COURT (of South Dakota) are all Elected or Appointed Officials of who have “Oversight” over the State Government in oder to shield the people from the state government itself.
The State Beaucracy of State Departments, Offices, Agencies, and State-Contracted Corporations is the “Government” of which has Officers, Agents, Employees, Contractors of such..
YOU CANNOT disqualify anyone from going onto a BALLOT before an election, as it would violate an Americans Right to Petition for Initiatives, Resolutions, and Candidates…
Once an election is held, and the PEOPLE have chosen their U.S Senators, U.S Reps, Electors for President, then CONGRESS can actually utilize the powers of the Section 3 to enact a law to bring forth a public hearing to discuss disqualifications of such persons prior to them being seated into those “Seats”
Another Republican has fired suit to bar Herr Trump from the ballot in New Mexico!
Link.
https://www.koat.com/article/federal-lawsuit-remove-donald-trump-new-mexico-ballots/45102809
Any secretary of state who allows a traitor on the ballot is violating their oath of office.
Zittiots like Mike will defy the US Constitution even after Herr Trump is convicted of seditious conspiracy and Section 3 is upheld in any court.
And once again Zit opens his trap and shoves both feet in on the subject of disqualifying ineligible candidates.
https://www.pogo.org/report/2023/09/routine-disqualification-every-state-has-kept-ineligible-candidates-off-the-ballot-and-trump-could-be-next
Read it and weep, Zit, if you are capable of reading and comprehending the truth. Decided lack of knowledge is inherent in magats, or so it seems.
Mitt Romney fingered Trump for seditious conspiracy in his interview with McKay Coppins in The Altlantic.
It looks like the Trump/Putin faction of America would probably agree with Mike Z. These days a large portion of Republicans have switched from considering communist Russia an enemy, to now calling American citizens (Democrats, Republicans that don’t support Trump, and anyone else unwilling to trash the US Constitution and our current system of government) the enemy for believing that America should hold Trump accountable for his crimes, and believing the American justice system is a valid means of determining criminal and civil responsibility. For the Trump/Putin faction America is simply “rotten.”
https://www.vanityfair.com/news/2023/09/donald-trump-gets-a-sympathetic-shout-out-from-vladimir-putin
America has come a long way since the cold war.
I don’t mind flogging a dead horsem, but, wasn’t it Z-man who accused us libs of name calling while he himself doesn’t indulge in that past time?
So did thune, the 2d highest ranking repub know and when did he know it? If he was ignorant, then what good is he? If he knew, then what did he do to protect the US Constitution?
On January 2, 2021, Mitt Romney sends his text: “In case you have not heard this, I just got a call from Angus King, who said that he had spoken with a senior official at the Pentagon who reports that they are seeing very disturbing social media traffic regarding the protests planned on the 6th. There are calls to burn down your home, Mitch; to smuggle guns into DC, and to storm the Capitol. I hope that sufficient security plans are in place, but I am concerned that the instigator—the President—is the one who commands the reinforcements the DC and Capitol police might require.”
McConnell never responds.”
–Consider it’s likely that they all knew. Consider that the Senate was and remains leaderless under frozen Mitch.
https://www.theatlantic.com/magazine/archive/2023/11/mitt-romney-retiring-senate-trump-mcconnell/675306/
Mr. Zitterich, don’t let the out-of-state name-callers get you down.
But take a dab of lithium, man. Just a dab. Black Hills lithium, of course, not that foreign stuff.
It’s not just Herr Trump who’s been disqualified — several of his Earth hater pals in Congress also face the Section 3 consequences of their part in the insurrection, Gym Jordan especially.
https://www.salon.com/2023/09/14/examining-the-led-effort-to-disqualify-donald/
Even magats want drumpf disqualified as he and Zit are making a mockery of the GOP.
Pre-rigging the election.
Pathetic!
:D
Calling the enforcement of the Fourteenth Amendment prerigging any election is gaslighting at best and sedition at worst.
Colorado Supreme Court (4-3 dec) declared drumpf ineligible for inclusion on primary ballot and suspended ruling for SCOTUS to rule.
Now NC magat Tillis wants only the SCOTUS to adjudicate who is eligible and to hell with returning power to the states.
https://www.msn.com/en-us/news/politics/sen-thom-tillis-moves-to-block-other-states-from-disqualifying-trump-after-colorado-decision/ar-AA1lNqu9?ocid=msedgdhp&pc=U531&cvid=a37a03f9012e4e85adc80cb0a3bbc607&ei=18
Wasn’t it just last year or two where the SCOTUS vowed to stay out of election meddling?