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Fourteenth Amendment Bars Insurrectionist Oath-Breakers from Presidency, Just as Article 2 Bars 18 Year Olds

The Colorado Supreme Court has ruled that Donald Trump committed insurrection, disqualified himself from serving as President again, and thus cannot appear on Colorado’s Presidential primary ballot. The court arrives at this conclusion with a plain reading of the Fourteenth Amendment, Section 3:

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, Fourteenth Amendment, Section 3, ratified 1868.07.09].

…and a plain reading of the facts that Donald Trump violated his oath to uphold the Constitution and engaged in insurrection against the order that Constitution establishes:

¶11 On January 6, 2021, pursuant to the Twelfth Amendment, U.S. Const. amend. XII, and the Electoral Count Act, 3 U.S.C. § 15, Congress convened a joint session to certify the Electoral College votes. President Trump held a rally that morning at the Ellipse in Washington, D.C. at which he, along with several others, spoke to the attendees. In his speech, which began around noon, President Trump persisted in rejecting the election results, telling his supporters that “[w]e won in a landslide” and “we will never concede.” He urged his supporters to “confront this egregious assault on our democracy”; “walk down to the Capitol . . . [and] show strength”; and that if they did not “fight like hell, [they would] not . . . have a country anymore.” Before his speech ended, portions of the crowd began moving toward the Capitol.

…¶182 In light of these and other proffered definitions, the district court concluded that “an insurrection as used in Section Three is (1) a public use of force or threat of force (2) by a group of people (3) to hinder or prevent execution of the Constitution of the United States.”

…¶184 Although we acknowledge that these definitions vary and some are arguably broader than others, for purposes of deciding this case, we need not adopt a single, all-encompassing definition of the word “insurrection.” Rather, it suffices for us to conclude that any definition of “insurrection” for purposes of Section Three would encompass a concerted and public use of force or threat of force by a group of people to hinder or prevent the U.S. government from taking the actions necessary to accomplish a peaceful transfer of power in this country.

…¶185 The question thus becomes whether the evidence before the district court sufficiently established that the events of January 6 constituted a concerted and public use of force or threat of force by a group of people to hinder or prevent the U.S. government from taking the actions necessary to accomplish the peaceful transfer of power in this country. We have little difficulty concludingthat substantial evidence in the record supported each of these elements and that, as the district court found, the events of January 6 constituted an insurrection.

¶186 It is undisputed that a large group of people forcibly entered the Capitol and that this action was so formidable that the law enforcement officers onsite could not control it. Moreover, contrary to President Trump’s assertion that no evidence in the record showed that the mob was armed with deadly weapons or that it attacked law enforcement officers in a manner consistent with a violent insurrection, the district court found—and millions of people saw on live television, recordings of which were introduced into evidence in this case—that the mob was armed with a wide array of weapons. The court also found that many in the mob stole objects from the Capitol’s premises or from law enforcement officers to use as weapons, including metal bars from the police barricades and officers’ batons and riot shields and that throughout the day, the mob repeatedly and violently assaulted police officers who were trying to defend the Capitol. The fact that actual and threatened force was used that day cannot reasonably be denied.

¶187 Substantial evidence in the record further established that this use of force was concerted and public. As the district court found, with ample record support, “The mob was coordinated and demonstrated a unity of purpose . . . . They marched through the [Capitol] buildingchanting in a manner that made clear they were seeking to inflict violence against members of Congress and Vice President Pence.” And upon breaching the Capitol, the mob immediately pursued its intended target—the certification of the presidential election—and reached the House and Senate chambers within minutes of entering the building.

¶188 Finally, substantial evidence in the record showed that the mob’s unified purpose was to hinder or prevent Congress from counting the electoral votes as required by the Twelfth Amendment and from certifying the 2020 presidential election; that is, to preclude Congress from taking the actions necessary to accomplish a peaceful transfer of power. As noted above, soon after breaching the Capitol, the mob reached the House and Senate chambers, where the certification process was ongoing. Id. This breach caused both the House and the Senate to adjourn, halting the electoral certification process. In addition, much of the mob’s ire—which included threats of physical violence—was directed at Vice President Pence, who, in his role as President of the Senate, was constitutionally tasked with carrying out the electoral count. As discussed more fully below, these actions were the product of President Trump’s conduct in singling out Vice President Pence for refusing President Trump’s demand that the Vice President decline to carry out his constitutional duties.

¶189 In short, the record amply established that the events of January 6 constituted a concerted and public use of force or threat of force by a group of people to hinder or prevent the U.S. government from taking the actions necessary to accomplish the peaceful transfer of power in this country. Under any viable definition, this constituted an insurrection….

¶193 Turning to case law construing the meaning of “engaged in” for purposes of Section Three, although we have found little precedent directly on point, cases concerning treason that had been decided by the time the Fourteenth Amendment was ratified provide some insight into how the drafters of the Fourteenth Amendment would have understood the term “engaged in.” For example, in Ex parte Bollman, 8 U.S. 75, 126 (1807), Chief Justice Marshall explained that “if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute,or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.” In other words, an individual need not directly participate in the overt act of levying war or insurrection for the law to hold him accountable as if he had… [Colorado Supreme Court, Anderson v. Griswold, ruling, 2023.12.19].

Trumpets are lodging all sorts of argument to preserve their Dear Leader’s place on the ballot that Trump himself would disregard if it didn’t go his way. Trump hasn’t been convicted of insurrection in a court of law! Applying the Fourteenth Amendment requires an act of Congress! The voters should decide whether Trump is qualified!

All of these arguments are garbage. Suppose Trump died and the GOP decided to run his son Baron for President. Baron will be two months shy of 19 years old on Inauguration Day 2025. Article 2 of the United States Constitution says individuals under the age of 35 are not eligible to the Office of President. No court needs to convict Baron of being under 35 to prevent him from running for President until 2044. Congress does not need to hold hearings and pass a resolution saying we can’t put an 18 year old on the November 2024 Presidential ballot. And even if voters in every state wanted to vote for an 18 year old, we wouldn’t let them. Basic and explicit principles of the Constitution don’t depend on, change with, or subordinate to trials, acts of Congress, or majority votes. If you’re 18, the Constitution says you can’t be President.

As with Article 2, likewise with the Fourteenth Amendment. The facts are clear: Trump engaged in insurrectionist actions that violated his Constitutional oath and thus disqualify him from the Presidency. Even if a lot of voters want him to be President, they can’t have him unless they change the Constitution.


  1. scott 2023-12-21 06:54

    Public opinion or voters do not decide guilt or interrupt law. The courts decide guilt and interrupt law. Let the courts do their work and for those who are unhappy with the Colorado decision remember that if Trump did not do what he done, he would not be in this position of being removed from the ballot.

  2. Mike Zitterich 2023-12-21 07:30

    This will not hold up, I am sorry. But the Supreme Court will get involved now, which is probally why this was moved forward by Repulican members of Colorad, knowing that it will fast tract the matter into the supreme court where they know will be defeated. It does NOT relate to the President. And Jan 6 was not a insurrection. Another Democrat lie.

  3. sx123 2023-12-21 07:48

    As goofy as Trump is, January 6 was the lamest ‘insurrection’ ever. This isn’t going to hold up and if it does, we might see an actual insurrection. Put up candidates that’ll beat him; just let people vote.

  4. larry kurtz 2023-12-21 08:09

    “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.”
    (June 25, 1948, ch. 645, 62 Stat. 808; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

  5. sx123 2023-12-21 08:11

    Couple other things: insurrection is a crime, age isn’t, so I’d think he’d have to be found guilty of insurrection before being booted off ballots. The Colorado judges narrowly came to the decision and we’ll see what the Colorado Republicans have planned for a response. It’ll be interesting.

    No violence though. I abhor violence as do most people.

  6. e platypus onion 2023-12-21 08:15

    SCOTUS was put together by magats to rewrite the constitution by adjudicating from the bench. The 5th circuit6 court of appeals is the worst court for this making law from the bench, vut, the present iteration of SCOTUS will do everything in its power and beyond to keep magats in power and promote phony kristian religion.

    And, once again, our resident troll is lying through his teeth about Jan 6 and insurrection. Unless O ‘keefe was able to severely edit insurrection videos and show all those violent terrorists carrying picnic baskets and beach umbrellas. I am sick and furiously tired of election/insurrection deniers , pooping their lies and bs here. They need to leave my country and never be heard to lie again!

  7. larry kurtz 2023-12-21 08:15

    “First, Section Three remains an enforceable part of the Constitution, not limited to the Civil War, and not effectively repealed by nineteenth century amnesty legislation. Second, Section Three is self-executing, operating as an immediate disqualification from office, without the need for additional action by Congress. It can and should be enforced by every official, state or federal, who judges qualifications. Third, to the extent of any conflict with prior constitutional rules, Section Three repeals, supersedes, or simply satisfies them. This includes the rules against bills of attainder or ex post facto laws, the Due Process Clause, and even the free speech principles of the First Amendment. Fourth, Section Three covers a broad range of conduct against the authority of the constitutional order, including many instances of indirect participation or support as “aid or comfort.” It covers a broad range of former offices, including the Presidency. And in particular, it disqualifies former President Donald Trump, and potentially many others, because of their participation in the attempted overthrow of the 2020 presidential election.”

  8. O 2023-12-21 08:25

    My issue here is that he was taken off the primary ballot — not the general election ballot. Given that political parties are private, not government entities, I think they can put whoever on their ballots they please — even if that candidate ultimately is not able to assume the position elected to.

    The proper ruling would have been that the court rules that Trump is barred from the office of President, even if elected.

  9. sx123 2023-12-21 08:34

    Good points O. Unless Colorado law lets judges dictate primaries candidates, which seems weird to me. This has a bit of a smell factor to it, like it came out of left field as a preemptive strike. Colorado Republicans, of which there are many, probably don’t like being told who can or cannot be on their ballot.

  10. Ryan 2023-12-21 08:39

    anyone who says the january 6th cluster was not an insurrection is dumber than diaper donald himself. and boy… that fella is the dumbest person i have ever seen who is capable of walking upright – sort of.

    just because donald’s fangirls are also super dumb and apparently very weak… and were unable to overthrow the government doesn’t mean they didn’t try – and the trying is the insurrection… there is no requirement that it is successful.

    we’ve seen the supreme court pull nonsensical rabbits out of their partisan hats lately, so it wouldn’t surprise me at all if the supremes overrule the colorado court, but maybe we’ll just get a christmas miracle and the orange fellow with the full face of makeup will die on the toilet long before any ballots are printed.

  11. larry kurtz 2023-12-21 08:43

    The closest the dissents come to presenting a federal-law issue that ought to give someone pause comes in Samour’s argument that Section 3 is not self-executing—that it can’t be enforced unless Congress passes a law detailing how it can be enforced. The majority opinion, though, along with Paulsen and Baude and Luttig and Tribe, have disposed of that argument many times over. All you need to do is to look, as any good Scalia-like textualist would, to the words and structure of the Fourteenth Amendment.

  12. Dicta 2023-12-21 08:45

    My question is re: the burden of proof. Trump hasn’t been convicted of anything yet, and so I don’t know what findings of fact led to the conclusion that he participated in insurrection. And since there is no criminal finding, does a simple preponderance of the evidence have to support a finding for disqualification?

  13. larry kurtz 2023-12-21 08:49

    Trump was impeached for his attempted autogolpe.

  14. disposable everything 2023-12-21 08:50

    Why don’t the “states rights” maga types just accept the Colorado courts decision happily and move on?

  15. Edwin Arndt 2023-12-21 08:54

    For this decision to carry any weight, I suspect that Trump would
    have to be tried and convicted of inciting insurrection. And I’m
    wondering which court would have jurisdiction. Would it have
    to be a federal court?

  16. Ryan 2023-12-21 08:55

    Dicta – good question, but sadly merely academic (which is a worthy goal, just not fruitful).

    The facts are obvious to all who are open to facts. Trump engaged in an insurrection. The constitution doesn’t require he is convicted of insurrection, or treason, or anything else. It says “engaged in” – and Trump clearly did.

    As the greatest rap duo the world has ever known, Twiztid, once said in their song Lift Me Up: “To a believer, you don’t have to say it twice. To a skeptic, I’m sure no proof will ever suffice.”

  17. O 2023-12-21 08:58

    Again, being really bad at something becomes Trump’s defense. He was really bad at colluding with the Russians, so it never quite materializes the way Russia had hoped; he was really bad at insurrections, so again fails; he surrounds himself with morons and looses his reelection. This man is failure personified. Even from the massive advantage of wealth, he is going to get himself convicted of fraud when NOBODY else in his position does.

  18. Donald Pay 2023-12-21 09:04

    Yeah, the facts are pretty clear. We all saw it. But the opinion of the Colorado Supreme Court points to facts established by the trial court used to establish that insurrection occurred and it was fomented and directed by Trump. If you foment and direct an insurrection, you are participating in an insurrection.

  19. Dicta 2023-12-21 09:13

    The greatest rap duo the world has ever known is Outkast followed by Mobb Deep and this is objective fact. (p < .000001).

  20. sx123 2023-12-21 09:16

    As for the polling with 54% of Americans approving the Colorado decision, there is no surprise here.

    Ask only Republicans if Trump should be thrown off and you’ll get vastly different results. And for Primaries, this is the target group that matters

    Ask all Americans if Biden shouldn’t be on ballots and I have a hunch it’ll also be close to 50%.

  21. Ryan 2023-12-21 09:18

    Dicta – i disagree strongly with your rap rankings, but at least mobb deep isn’t garbage. they have real skill. outkast is… ugh… not my style.

    Twiztid. dozens of albums, over 3 decades of work. There are no peers.

  22. John 2023-12-21 09:21

    The trumpian choir here would allow Jefferson Davis. old Adolph’s US acolyte, George Lincoln Rockwell on the ballot.
    Judges found trump committed insurrection. Period. Judges found trump committed rape. Period. The US trumpian Taliban is alive and well.

    In addition to showing US that trump is incapable of honoring and upholding his oath; these episodes show us that too many judges and lawyers are incapable and unwilling to uphold their oaths to protect and defend the US Constitution. There are no ‘both sides” here. There are only Humpty Dumpty’s making words have meanings of whatever they decide will be the meanings.

  23. sx123 2023-12-21 09:23

    I just don’t think Trump can win the Presidency again. The numbers aren’t there. He doesn’t have excellent Republican support and certainly isn’t going to win over enough Democratic voters. His only savior might be how the electoral college is configured but I doubt it.

  24. Ryan 2023-12-21 09:26

    sx123 – i don’t have the source, but polling yesterday showed 25% of republicans support trump’s removal from the ballot based on the 14th amendment. that’s pretty crazy. TENS OF MILLIONS of his own party want him held accountable for violating the constitution. the rest of the gop doesn’t care about rules, they only care about being in control to own the libs.

    You enjoy making things up in your head and then pretending they are real. So, in that made-up poll you did where half of the country thinks biden should not be on ballots… do another round of in-your-head-thinking and tell us what the REASON would be for people to not want biden on the ballot. Because he hurts their feelings with his facts? Because he doesn’t wear enough bronzer? Because he doesn’t have enough illegitimate children? Because he uses a toilet instead of a six gallon diaper? That 50% of the america-in-your-brain has no genuine reason that biden should not be on the ballot. They are just big sad snowflakes. We’ve been coddling these poor babies far too long already. Enough with the pretending already. You trump culties are embarassing yourselves at this point.

  25. LCJ 2023-12-21 09:30

    Pure crap, Ryan.

  26. Ryan 2023-12-21 09:40

    LCJ – elaborate, please, if you have any articulable thoughts. the only pure crap mentioned in the conversation so far is the ever-present fecal matter in former president trump’s XXL diaper, so I’m not sure what you are referring to if not that. Hard-core amphetamine addictions, like the one trump has, often lead to incontinence and other… unpleasant… side effects. It’s a bummer, no doubt… but i didn’t crush those pills up and snort them – diaper don did.

  27. Mark B 2023-12-21 09:41

    Take a poll on Americans view of Gun Legislation, Magats. Supreme Court made rulings based on Constitution, not on popular opinion with assault rifles. Just because the Constitution is inconvenient doesnt mean it should be bent. Cant have it both ways you imbiciles!

  28. Mark B 2023-12-21 09:43

    If Trump wins judgment on complete immunity, Biden should finish the job himself.

  29. Ryan 2023-12-21 09:45

    well said twice, mark b

  30. larry kurtz 2023-12-21 09:46

    With a 2/3 vote the US Senate can affirm the impeachments and end this before it goes to the packed SCOTUS.

  31. Mark B 2023-12-21 09:47

    I will quote the great comedian Ron White.. when flying in a small plane having engine troubles someone asks ‘where are we’ and he says ‘about 10 minutes from the crash site’.

    We are 10 minutes from the crash site. Not if, when.

  32. e platypus onion 2023-12-21 09:48

    drumpf is also a convicted rapist. That should disqualify him in addition to multiple other felonies he will likely be found guilty of. Plus he is the biggest liar in the world.

  33. larry kurtz 2023-12-21 10:06

    17 Republicans are needed to convict Trump.

  34. O 2023-12-21 11:20

    Does the President enjoy double jeopardy from Senate conviction?

  35. larry kurtz 2023-12-21 11:29

    Impeachment and conviction in the Congress is political disqualification not a criminal trial.

  36. Mike Lee Zitterich 2023-12-21 11:30

    I sent this to the Legislature and I demand they get involved on this crap the Democrat States are pulling…

    2024 South Dakota Legislature

    House Concurrent Resolution No. _______

    A CONCURRENT RESOLUTION, To direct the Attorney General of the State of South Dakota to prosecute, and bring forth charges against the People of the State of Colorado for violating Article II of the Constitution for the United States of America for Election Interference of a Presidential Election.

    Whereas, that on December 19, 2023, the Supreme Court of the State of Colorado had ruled, that the Republican candidate for President, Donald Trump be removed from the State Ballot; and

    Whereas, that Article II, Section 1 states clearly, that the President is not to be elected by popular vote, but by representatives of the State called “Electors” to which the number of electors are set by the total number of Senators and Representatives a State has in Congress; and

    Whereas, that Article II, Section 1 states that these Electors are appointed by the State Legislature, and shall cast their vote for two people, of which one shall not be a resident of their own state; and

    Whereas, that Article II, Section 1, Clause 5 goes on to say that the only qualifications to be President of the States must be no less than thirty-five years old, must be a natural-born citizen of the States, must had resided in the United States for fourteen years prior the election, and the rest of Article II states the duties and obligations of which a President shall have once elected; and

    Whereas, the Constitution forbids any of the States, or their representatives from interfering within the presidential election, and forbids a state from changing qualifications to be a candidate; and

    Whereas, the Elected Officials of the State of South Dakota have taken an oath as per Article VI to which they have promised to support the Constitution for the United States of America; and

    Whereas, the timing of the decision made by the Supreme Court of the State of Colorado has placed a sense of emergency, due to time restrictions, that the State must act now to Preserve, Protect, and to Defend the Constitution for the United States of America due to the Electoral Process beginning on January 1, 2024.

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of Ninety-Ninth Legislature of the State of South Dakota, the Senate concurring therein, that we, the people of South Dakota are directing the Attorney General of the State to immediately begin the process of suing the State of Colorado, and every Supervisor of Elections in a court of law, asking for a injunction, and to compel compliance, and in addition to direct the Governor of South Dakota to issue a Resolution for Condemnation to the offending State for violating the terms of the contract, and demand a demand for redress and restoration of the constitutional standard. And if the offending state should refuse to comply with Article 2, Section 1, Clause 3 the President of the Senate must refuse to acknowledge the ballot of the offending state as it does not comply with the constitutional standard.

  37. Vi Kingman 2023-12-21 11:30

    It was an insurrection and it was ordered by Trump. What’s almost funny is the Republicans saying that the people should decide.
    That’s exactly what happened in 2020. The American people voted Biden into office and these same people whining now believe that Trump won and the election was stolen. They’re hypocrites.
    Hopefully the Supreme Court will uphold Colorado’s ruling.

  38. larry kurtz 2023-12-21 11:35

    Trump is a career criminal whose actions represent a preponderance of evidence to the US Senate but since Senator Schumer is such a weak Democratic leader he’s been unable to give 17 Republicans any incentive to convict.

  39. larry kurtz 2023-12-21 11:43

    If Trump survives all the political and legal challenges he’s facing and becomes the Earth haters’ nominee he can’t beat Joe if Liz Cheney gets in as an unaffiliated candidate so it should behoove the uniparty to convict him in the Senate since Nikki Haley can beat Joe without Cheney in the general election.

  40. O 2023-12-21 11:57

    MLZ, that is what appeals are for. The state of Colorado has taken a Constitutional stand — just one you don’t like. The process is already resolving in a way that matters in an appeal to the US Supreme Court — not to a co-equal state structure. Your silly process has no jurisdictional standing. It even violates your previous rants of state sovereignty. If states can trample over each other each and every time one does something you MAGA reactionists don’t like, those pages of diatribe you have littered this blog with mean NOTHING!

    Good day sir.

  41. larry kurtz 2023-12-21 11:59

    A stronger Democratic Senate leader would go to South Dakota’s senators and threaten moving the B-21 to a base in a blue state.

  42. larry kurtz 2023-12-21 12:07

    Or to red states whose Senators vote to convict.

  43. Dicta 2023-12-21 12:11

    Did this dillwad just tell an AG, whose criminal prosecution powers do not extend beyond the borders of this state, to bring charges against another state’s voters for violation of federal law that occurred entirely within the borders of their state? How absolutely dumb do you have to be to think this makes sense?

    Good thing Cory sees value in this continued exercise. Valuable contributions here, Cory. Something something free speech something something hearts and minds, right bud?

  44. Ryan 2023-12-21 12:33

    hey mike please let us know how effective your DEMAND was hahaha my three year old demands candy for breakfast faily often and i assume your demand will be equally headed.

  45. Mike Zitterich 2023-12-21 13:05

    Good Afternoon Democrats,

    I am writing this to confirm my thank you, for your actions have just confirmed, the United States are now a split country, and is headed towards a Civil War. The last time the Democrats removed a president from a ballot, was 1860, when the Southern States removed Abe Lincoln from the ballot. Did it work? No. Lincoln the Election, and 14 Southern States left the Union soon thereafter. The Democrats claim they do this in the name of democracy, but they took away the peoples right to place on the ballot who they so wish to. This is a sham, the Democrat party is not for Democracy as they so claim. They are frauds. They cannot beat Trump at a fair game, and they have to do whatever they can to keep him off the ballot. They know they will lose. But what they accomplished, was dividing the country further, and it will cause States to leave the Union a second time. The Democrats want a communist take over the country, and they are about to get their wish, and when that day occurs, thirty states will have left the United States in return to living under the Articles of Confederation, to perhaps creating a new country themselves.

    Mike Zitterich

  46. Mike Zitterich 2023-12-21 13:07

    And it is a fact, States can sue another State, or Group of States in the Supreme Court to get them to do something, or do stop doing something. Happens all the time.

  47. larry kurtz 2023-12-21 13:09

    It never ceases to amuse how those who extoll the best virtues of living in a republic without knowing how it really works.

  48. ABC 2023-12-21 13:11

    Trump, convicted rapist and insurrectionist (does not need to be criminally convicted of that), leader of our country Family values style?

    No. It will not happen.

    Cheney and RFK Jr will drain votes away from the Orange Fascist.

    Remember Hitlers 1923 coup failed . Then he was appointed Chsncellor 9 years later

    Colorado ruling will be upheld. Haley can win her nomination. Cheney can run.

    Vote in 2024 to prevent the Orange fascist. SD Republican party doesn’t have enough intelligence, Noem is a Trump licker! You have the power! Vote!!!

  49. larry kurtz 2023-12-21 13:11

    Little would make me happier than watching Marty Jackley look like a complete idiot to his betters in Colorado.

  50. Ryan 2023-12-21 13:13

    mike, you know it was republicans who sued to keep trump off the ballot, right? the democrats didn’t do this. it’s just republicans who are slightly less stupid and traitorous than the rest. but point your small, impotent fingers wherever makes you feel best about yourself.

    dance and clap all you want about the political divide in this country, there will be no civil war… but if you got your fantasy and all the red states created a new country, who would pay all the bills? The red states only have running water and electricity because the blue states pay the bills. Your new bright red country would be illiterate and starving to death the very first winter hahaha friggin republicans man

  51. Dicta 2023-12-21 13:31

    You didn’t DEMAND they sue, you DEMANDED they prosecute, you moron. Nice try to ignore what you wrote.

  52. O 2023-12-21 13:40

    I said, “Good day, sir!”

  53. Donald Pay 2023-12-21 13:45

    Ryan is correct. The lawsuit to keep Trump off the Colorado was filed with Republicans and Republican-leaning independent voters. Three judges who were appointed by Democrats opposed the decision. The “people of the state of Colorado” did not bring the suit. You Republicans brought the suit. Mike Z., going off the deep and spewing hyperbolic nonsense gets you zero credibility, with sane people.
    our cult leader has been held accountable. I hope this decision stands. I hope my state of Wisconsin takes Trump off the ballot, too. He tried to steal my vote away from me. He and our fake electors should be going to jail for this, but keeping them off the ballot is good enough for the present.

  54. All Mammal 2023-12-21 14:17

    Method Man and Redman, Run the Jewels, $uicideboy$, Mobb Deep, followed by Twizted, Outerspace and Heavy Metal Kings. And then maybe Eric B and Rakim and Gorillaz?

    Let’s say the whole impeachment of Trump was his trial and conviction. He committed high crimes and is ineligible to RUN for president.

    I climbed a scaffold and dropped a can of biscuits. The picture I took of the busted-out can is for my new meme of what trump sees when he looks down. I did the same with a sack of dog dookie for a meme of what his reflection looks like. We had fun. And slow-mo video showed his blowed-out experience no woman should ever encounter ever again. Just some grown folks doing grown folk things is what I told the kid driving by.

  55. All Mammal 2023-12-21 14:28

    Not all if us are Liberals, Mike Z. Some are progressive, some moderate, and some are far-left anarchists;) We’re not even all Democrats. Some are Libertarian, Republican and Independent! And I would say most are not Christian. You don’t accept that you are only the majority in your “precinct”. Not like you will even consider anything new into your nug bone. Trump is a traitor. Sad, but true.

  56. Mark Mowry 2023-12-21 15:52

    @All Mammal — I would that a few of you actually reside and vote in South Dakota.

  57. larry kurtz 2023-12-21 15:55

    Is the rez really South Dakota?

  58. All Mammal 2023-12-21 16:54

    Mr. Mowry- I realized I had forgotten to add that some of us probably don’t even vote. Some may not even be eligible because SD doesn’t allow people with criminal records to vote. Also, SD has been sued for failure to send voter registration forms from the reservations in to the SOS, causing some of us to be disenfranchised.

    Trump the strumpet and his trollops are pert near all convicts and are ineligible to vote. Another portion who sieged the Capitol were probably never even registered to vote. That leaves him with one two-two short of a ballerina.

  59. All Mammal 2023-12-21 17:07

    Happy winter solstice my pagan hippie heathen friends. And Merry Christmas to the rest. You’re a hoot

  60. V 2023-12-21 17:14

    South Dakota is not the rez. From my observations, if tribal leaders were in charge of S.D., we’d have health care for all, no tax on food or clothing, elders and children and all who can’t fend for themselves wouldn’t need to worry, and you’d see a tolerance for those who are different. Unlike South Dakota’s political entity, tribal government really does value family over status, money, and power.

  61. V 2023-12-21 17:16

    Does anyone know where Kristi Noem was on the day of the insurrection??

  62. grudznick 2023-12-21 17:34

    Thank you, Ms. Mammal. Happy Solstice to you.
    grudznick and the other witches in the bloggings do enjoy the holidays.

  63. e platypus onion 2023-12-21 17:38

    My 47th wedding anniversary if you discount the fact she divorced me less than 6 years later. Still, 41 years of us not getting back together is something to brag about. Don’t send flowers. Or cats. Thank you. epo

  64. Bob Newland 2023-12-21 18:55

    Mammal, SoDak only pulls the vote until a felon is off-paper.

  65. Todd Epp 2023-12-21 21:48

    Does anyone know where The Zit went to law school and passed a bar exam?

  66. leslie 2023-12-21 22:00

    He is like what comes from George Mason University . Scalia school of law.

    WBUR, December 20, 2023

    …the Federalist Society’s Leonard Leo…may be best known for providing former President Trump with a list of potential judges.
    Leo also helped create the Supreme Court’s conservative supermajority that overturned Roe v. Wade.

    …justices — Thomas, Alito, Gorsuch, Kavanaugh, Barrett — who [ Leo ] helped to get into place that were able last year to accomplish what the pro-life movement had been working and praying for nearly 50 years: to finally, unequivocally overturn Roe v. Wade.

    Leonard Leo’s not just been influential on the U.S. Supreme Court level — but has also had impact on state supreme courts, on state attorney general’s offices and really on the modern interpretation of the Constitution. He has really set up a machine over the past three decades that has fed cases to the U.S. Supreme Court to produce outcomes that he and his allies approve of and then make sure that those decisions stand.

    He now has a recent $1.6 B dark money gift to spend… [and] not only was Leo spending money on this big level, but spending money on the state level. And then … there was this real dismay, particularly among people who’d been in the system before dark money about the effects of dark money. And how much it has corroded the judicial system from really, when the money started coming in, when Leo and his allies started putting it in, until the present.

    Bob Orr, justice on the North Carolina Supreme Court, the first Republican to serve on that state’s bench…said when he saw Leo at work in his state starting in about 2012, it was really a surprising thing for him to see how this influence was playing out in judicial elections. “All of a sudden we started seeing these, you know, really what I would consider misleading and distortive, sort of traditional political ads we all know in politics. But we’ve never seen those in judicial races. That’s bad for the system. It’s bad for democracy. It’s bad for the people who are caught up in the election process.

    It’s a very dangerous path to tread down. The whole confidence in the judiciary is critical in the sense of that’s supposed to be the umpire. But if you have no confidence in the courts, then you undermine the whole process.”

    [O]ne young judge that [Leo] helped move along was Judge Aileen Cannon, who is hearing the Mar-a-Lago documents case in Florida right now. Somebody that was sort of very young, some said quite inexperienced. But this was someone that Leonard Leo had watched out for and when there was a position that he thought that he could get her appointed to, stepped in and helped out, as we understand it from our reporting.


    Because so much money is going into state judicial races, what is happening is that people are viewing state judicial races like judges are super-legislators. And they’re electing them to carry out a certain set of positions.

    And that leads us directly to the situation where we are now, where the U.S. Supreme Court is going to have to decide most likely not only the Colorado case about whether Trump is qualified to be on the ballot in Colorado because of what the court there described as his acts promoting an insurrection, but also the question of presidential immunity in the Jack Smith January 6 case, the one that’s moving forward in Washington. And also another set of questions that relates to that Jack Smith case about whether the charge of obstructing an official proceeding is an appropriate charge for the January 6 riot. So all of these questions are being decided by a Supreme Court that has been pushed in a highly political direction, and that is a tricky situation not only for the court, but for the future of democracy.

    …before Citizens United, before dark money really began to take over elections…the Citizens United Supreme Court decision that said corporations could effectively give unlimited amounts to political campaigns.

    Before all of that, Leonard Leo was creating these groups where the contributions were very, very hard to trace. He is involved in, or has been involved in, maybe a dozen or so of these groups. Many of the groups give money to each other, or they give money to other groups….they’re giving money to state races and other causes, other conservative causes, at key moments that affect the outcome.

    Leo said, after the $1.6B dark money gift was revealed:

    “They are coming after us. We have to gird ourselves against them.”

    And: “I spent close to 30 years, if not more, helping to build the conservative legal movement….if this can work for law, why can’t it work for lots of other areas of American culture and American life where things are really messed up right now?”

    Leo chairs several organizations which talk about one-sided journalism. They talk about wokeness. They talk about campaigns against diversity, equity, and inclusion, corporate campaigns. That is corporations should not be pressured to be more diverse, more inclusive, or in fact, to work on issues like climate change. And…seeing … Hollywood and movie making as, too left, liberal and wanting to influence those communities in a more conservative direction.

    Leo has married two veins and uses the wealth/connections of the economic conservatives to fuel his moral conservative agenda.

    As this story evolves, the Senate Judiciary Committee seeks subpoenas — the Republicans really reacted extremely strongly against the idea that these individuals should be subpoenaed. But the vote along partisan lines succeeded. Leonard Leo has said he refuses to cooperate.

  67. DaveFN 2023-12-21 23:58

    Trump is a con looking for a place to happen.

    That alone should disqualify him from office.

    And any like him.

  68. DaveFN 2023-12-22 00:07

    And any like him.

    Add Noem and all the goofy Republicans to the mix.

  69. Cory Allen Heidelberger Post author | 2023-12-22 06:22

    DaveFN, I wish we could trust Republican primary voters and caucusgoers to recognize that plain fact and exercise the discernment they used to have. I know lots of smart Republicans; how can they fall for this con?

  70. larry kurtz 2023-12-22 07:01

    Cory has one over on me since I don’t know any smart Republicans [sic].

  71. Richard Schriever 2023-12-22 08:15

    leslie – one might note that Florida’s AG recently stated that public libraries are NOT places wherein freedom of expression is intended to occur. She also stated that public school libraries exist solely for the purpose of conveying the government’s views, and not private ones. Perhaps Leo’s work extends also to state AG office holders.

    Mikey – maybe you ought to move to – or at least focus your efforts on – Florida, where access to the sort of Sovereign Citizen nonsense you ascribe to here would be denied by the Republican controlled state.

  72. e platypus onion 2023-12-22 08:45

    Does anyone know where The Zit went to law school and passed a bar exam?

    Under London Bridge in Arizona.
    From a box of Cracker Jacks.

  73. Mike Lee Zitterich 2023-12-22 09:25

    Corporate America: Began with the Reorganization of America Between 1860 and 1880
    What if the Cause of the Civil War was really about contracting the States to the Federal Government to who was becoming heavily bound to the City of London of which is a global banking cartel of bankers and merchants wishing to control people.
    Leading up to 1860, in the year 1859 – several states were attempting to dissolve the Federal Union, of which was aggressively adopting new acts, rules, and codes to contract the states as one corporate being of ‘states’ bound to the national government.

    In the south, you had “Free States” able to control their own destiny, and in the north, you had regulated states under the direction of the Federal Government. The Free states had a vast amount of wealth, able to provide for themselves, while the Regulated States were highly in debt, enslaved, and controlled by the President of the United States. And when the Free States finally said they no longer cared to be part of the union, the President threatened them, and went to war with them.
    Abraham Lincoln did the following Incorporated the United States of America:
    Abraham Lincoln by General Order 100, created a Federal Militarized Zone that encompassed all of the 11 States;
    Abraham Lincoln would enforce stronger, the Tariff (taxes) owed by those Americans in the South;
    Abraham Lincoln would adopt the Emancipation Act, which helped to Free African-American Born Persons, let alone, would later ‘free’ Prisoners of War captured by the Federal Government;
    Abraham Lincoln Incorporated All Federal Owned Property, Programs, Territories, even those in the South;
    Abraham Lincoln signed into law the Homestead Act, which allows Americans not taking up arms against the Union, to now claim, own, and be granted 160 to 320 acres of land freely, to help generate revenues for the war efforts.
    Under these act’s, Abraham Lincoln bound all Americans to his Iron-Clad Oath to which stated, “All Public Officials, Officers, Elected, or Appointed, to Affirm that they had never “voluntarily borne arms against the United States” or other treasonous Acts.”
    Abraham Lincoln was putting America together as the United States Land Company, of which was transitioned from the former Virginia Land Company, its predecessor, which is bound to the City of London, and the charters held by the bank itself.
    By 1871, they have incorporated the “Federal, Militarized Incorporated Territory” giving to it a Governor, Secretary, a Legislative Council, and a Judiciary, and in the year 1874, they adopted a permanent form of government by creating the Municipal Act, which gave to the District of Columbia a full time Mayor, 9 Member D.C Council, and the Departments and Agencies beneath it.
    And with that, America was completely rebuilt, from a Republic of Free States, to a Well-Regulated Corporate America.
    What do all Corporations have in common – an Organizational Structure from Top to Bottom as such:
    Vice President
    Secretary of State
    Secretary of the Treasury
    Secretary of Commerce
    Secretary of Interior
    Secretary of Defense
    Secretary of Health and Human Resources
    Secretary of ___.
    Mayor of D.C act’s as a General Manager to the President
    50 State Governors act as Board of Directors to the President.
    U.S Senate and U.S House “The Congress” acts as the Corporate Policy Board
    State Legislature’s today act as Legislative-Commissions Under the Executive
    D.C 9 Member Council acts as Special Committees/boards Under the President.
    The United States Land Company is broken down with a President, Vice President, General Manager, Governing Board, Policy Advisors/Board, Commissions, Boards, and Committees to which all “manage’ the Company as we know it today.

    All Federal, State, and Local Officers, Agents, Employees of the Company today are nothing more than “employed servants” that carry out the daily function of the company, to which are delegated to direct all of the Privately Multi-National Corporations.
    While the United States Land Company holds Official Administration Buildings, Court Buildings, Offices throughout this newly created territory today, the Multi-National Corporations contracted to the U.S.L.C conduct national commerce enslaving the American Citizens to work for them, and carry out, and provide services on behalf of the “Territory” today.

    Each of the Multi-National Corporations have Presidents, Vice Presidents, Board of Directors, Committees, and Officers themselves, to which are therefore delegated by the “contractual executive orders” adopted by the U.S.L.C itself.
    *Small Businesses doing business under each of the 50 States are furthermore contracted to the U.S.L.C whereas the “State Governments” contract to them in each of those districts, to which are then controlled by Federal Rules, Codes, and Resolutions.

  74. larry kurtz 2023-12-22 09:36

    Trump is a career criminal whose actions represent a preponderance of evidence to the US Senate but since Senator Schumer is such a weak Democratic leader he’s been unable to give 17 Republicans any incentive to convict. A stronger Democratic Senate leader would go to South Dakota’s senators and threaten moving the B-21 to a base in a blue state or to a red state whose senators vote to convict.

  75. Steven 2023-12-22 09:55

    Due Process….

  76. O 2023-12-22 11:04

    It strikes me that we are at a tipping point, a time when the structures of democracy alone are not enough to save democracy. Now active participation of people is required to restore democracy. The bad guys have infiltrated deeper than ever before and are willing to ignore the accepted roles established though centuries of accepted norms. Poll workers are willing to set aside their duties to fairness and skew results so “their guy” wins. Courts are willing to rule in partisan favor of “their guy.” Candidates are willing to ignore results. Even voters are willing to ignore results. The very norms of a democratic society are now not norms because Donald Trump has pulled out the keystone. We now have to fight for what was only two elections ago taken for granted. Pro-democracy for the first time in 200+ years must be on the offense. All of this is because Republicans became the conduit for and embraced those who love power more than country.

  77. jerry 2023-12-22 13:31

    “In recent days, people who have been close to former President Donald Trump have come forward with allegations about one of the consequences of being close to him: a bad smell.” Someone ask NOem about lumpy the stinkbug.

  78. Mike Lee Zitterich 2023-12-22 13:59

    The United State’s as Truly Put Together to Become a Country of Independent, Sovereign State’s to be Free Republics

    With the Declaration adopted in 1776, the People of the Northeast Territory quickly drew up rules of engagement to define what, and how the People of the United States of America will be managed, and governed as a free country.

    In the following year, they adopted, and agreed to the Articles of Confederation to which created the Country of Free States:

    By late 1777, the American Colonies had formed their Confederacy of Member-States, agreeing within their Colonized Continental Congress the Articles of Confederation, of which were a list of Articles, of which 1-6 were basically the Colonies themselves further releasing themselves of the crown charters, whereas they adopted individual “Constitutions” of which those individual Group of People were becoming “States” of whom were setting up, and permanently putting together their own Governments led by a Governor, their Secretaries, their Public Officers such as Attorney Generals, Treasurers, Legislative Assembly’s; while Articles 7-13 dwelt in establishing a National Government, to which the Member-States would now hold a Congress, a Executive, and a Judicial System themselves.

    The Stile of this confederacy shall be, “The United States of America”, and each state retains its sovereignty, freedom and independence, and every Power, of which, by each their jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled. Of which these states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their Liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever. . . .No State shall be represented in Congress by less than two, nor by more than seven Members; and no person shall be capable of being delegate for more than three years, in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the united states, for which he, or another for his benefit receives any salary, fees or emolument of any kind, each State shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the states, and in determining questions in the united states, in Congress assembled, each state shall have one votes. And the Articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a congress of the united states, and be afterwards con-firmed by the legislatures of every state.

    The Northwest Ordinance was first adopted in 1777, upon forming the United States, it was merely a Planning and Zoning Ordinance of which allowed the American People to organize, and establish “territories”, to which would form the future States, to which would serve as our third, most important organic document to creating the country we know of today.

    It was the brainwork of Thomas Jefferson, in an attempt to create rules of engagement to establish a temporary government, to set rules of trade, uniform rules for public education, as well as to plat, and zone the land into sections, thus organizing the Estates, Properties, and the People into Land uses – Government zones, Commercial Zones, and Residential Zones, while reserving, specific areas strictly for Public Educational Uses, and Agricultural Use.

    Upon forming their Temporary Government, and proceeding forward, the Government of the Territory was to agree to, and take a pledge to, that the following Article shall be considered as Articles of Compact between the Colonies, and the people and States in the said territory and forever remain unalterable, unless by common consent, to wit:

    Article 1, No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments, in the said territory.

    Article 2, The inhabitants of the said territory shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature; and of judicial proceedings according to the course of the common law. All persons shall be bailable, unless for capital offenses, where the proof shall be evident or the presumption great. All fines shall be moderate; and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property, but by the judgment of his peers or the law of the land; and, should the public exigencies make it necessary, for the common preservation, to take any person’s property, or to demand his particular services, full compensation shall be made for the same. And, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with or affect private contracts or engagements, bona fide, and without fraud, previously formed.

    Article 3, Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and, in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity, shall from time to time be made for preventing wrongs being done to them, and for preserving peace and friendship with them.

    Article 4, Conforms the Compacts, Conveyances, and Agreements to the Articles of Confederation, and to the United States Constitution, Respectively:

    The said territory, and the States which may be formed therein, shall forever remain a part of this Confederacy of the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made;
    To all the acts and ordinances of the United States in Congress assembled, conformable thereto;
    The inhabitants and settlers in the said territory shall be subject to pay a part of the federal debts contracted or to be contracted, and a proportional part of the expenses of government, to be apportioned on them by Congress according to the same common rule and measure by which apportionments thereof shall be made on the other States; and the taxes for paying their proportion shall be laid and levied by the authority and direction of the legislatures of the district or districts, or new States, as in the original States, within the time agreed upon by the United States in Congress assembled;
    The legislatures of those districts or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers;
    No tax shall be imposed on lands the property of the United States;
    In no case, shall nonresident proprietors be taxed higher than residents;
    The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of the said territory as to the citizens of the United States;
    Those of any other States that may be admitted into the confederacy, without any tax, impost, or duty therefor.

    Article 5, Agreements, Compacts to Previous States:

    There shall be formed in the said territory, not less than three nor more than five States and the boundaries of states;
    It is further understood and declared, that the boundaries of these three States shall be subject so far to be altered, that, if Congress shall hereafter find it expedient, they shall have authority to form one or two States in that part of the said territory;
    Whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted;
    State shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original States in all respects whatever, and shall be at liberty to form a permanent constitution and State government;
    The constitution and government so to be formed, shall be republican, and in conformity to the principles contained in these articles;
    As far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand.
    Article 6, There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted: Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.

    You can not see America coming together as a Group of States’ agreeing to become independent of one another, to protect each other, to preserve their original compacts, and of course, to come to each other’s defense.

    The next step in the process, transpired between the years 1784 to 1791 – when the State Legislature’s began to adopt resolutions to work with each other to adopt a document, to which they now wished to create, and establish their own Permanent Central Government, to which would provide to the “States” a independent, permanent seat of National Govt.

    By the summer of 1789, this Group of Delegates agreed to, and adopted the United States Constitution, of which would be free from the States themselves, free to create their own policies, adopt their own revenue plan, and to engage in foreign commerce with the States, and with Foreign Countries – they created an Executive, a Bi-Cameral Congressional Chamber holding both a Senate, as well as a House of Representatives, and would include a third part, the Supreme Court, to which would promise the States that all laws shall honor the Constitution, let alone all Previous Organic Documents, Treaties, and Laws Adopted.

    Yes, the Federal Government to which was being created, was to Preserve, Protect, and Defend the Free, Independent, and Sovereign States, to which the “States” had already promised to themselves, to maintain their own republican form of government.

    The People were given the authority to adopt laws, a list of taxes, and policies, by way of the United States House of Representatives, however, these acts could not go into law, until The State Legislators, by way of the United States Senate agreed to, and adopted such acts, of which their job is to protect the interests of the “States”, and of which, the President, in order to protect the States themselves, had the right to Accept, or Not Accept such acts, and while the Appointed Supreme Justices therefore, ensured to the people these “Acts” were best, in-line with, and properly written, and drafted, thus not conflicting with the Constitution.

    Article Four of the United State’s Constitution reconfirms this compact, and that means the constitution did not repeal the Articles, it merely superseded them and established stronger safeguards to which preserves, protects, defends the states.

    New states may be admitted by the Congress into this union; but no new states shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress, to which the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states, and shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence per son charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.

    Whereas, Article 3 of the United States Constitution goes on to define who and what will define Treason, to which treason against these United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort, and no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court, to which the judicial power of the United States, shall be vested in one Supreme Court to which the judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and whereas judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority to which controversies to which the United States shall be a party; to controversies between two or more states, and between a state, and citizens of another state, and trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.

    The Federal Government was not created to serve as master of the states, but to preserve, protect, and defend the interests of each, and every state, to which it is promised to be a free, independent, and sovereign Group of People, a Republic.

    Though the People established their own Central Government, they maintained, and kept all authority yet yet delegated to that government, to whom must bind itself to the States.

    So, therefore, where the “Federal Government” is not defending the national borders of the Free States, the states themselves, the citizens of said ‘state’ are then free to defend those borders themselves, to maintain, and protect each other from mass immigration into the country, to which harms and injures the ability of the ‘Free State” to defend its interests.

    Therefore, a real Insurrection is defined as the act or an instance of revolting especially violently against civil or political authority or against an established government, which may be a crime of inciting or engaging in such revolt against one state, or a group of states, or all of the states making up the United States themselves, furthermore Treason is then defined as the offense of attempting to overthrow the government of one’s country or of assisting its enemies in war, an act of levying war against the United States or adhering to or giving aid and comfort to its enemies by one who owes it allegiance.

    The United States is not so much one entity, it is a Group of State Republics to which bound themselves by compact, to act together, in such a manner, that preserves, protects, and defends each other from domestic, or foreign invasion of our enemies.

    Donald Trump did not commit either treason, nor incite any such insurrection against the government, nor any of the independent states. He merely came to their defense, in allowing the citizens of all states of safeguarding their elections, ensuring they will remain free, fair, and protected from foreign interference, holding the congressmen and women accountable to the citizens of all states, to which their “Right of Choice” for President is to be chosen by a majority of all the free states.

    The State’s themselves, cannot change, nor effect the qualifications to which any said American can become a candidate for President, for under Article 2, Section 1 defines what those qualifications are to be today:

    No Person Shall be Except:
    a natural born citizen; and
    a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; and
    neither shall any person be eligible to that office who shall not have attained to the age of thirty five years; and
    been fourteen Years a resident within the United States.

    The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States, to which the State Legislature’s and/or the free citizens of each of the States shall vote or appoint such electors for president, to whom the people shall get 1 Elector per each Representative of the U.S House, and each of the State Legislature’s shall get one elector per each “state representative” in the U.S Senate, and to whom each “Elector For President” gets to cast two votes for President, to which one choice must be of someone from another State and to which, the “Candidate” receiving 50% + 1 of the Electors becomes President, and the runner-up becomes Vice President.

    The State Government led by their At-Large Officials – Governor, Attorney General, Secretary of State, State Auditors, Treasurer, Land Commissioners are to abide by the Constitution in all necessary means to safeguard the Election for President, keeping them free from our enemies, both domestic and foreign.

    The “States” cannot change the qualifications to become Candidate for President, they can only make charges, accusations, and bring forth claims against a specific candidate, or group of candidates, to which the Supreme Court is the Authority.

    The words of the 14 Amendment does not change those qualifications, nor give special power to any of the State’s nor their citizens, other than creates a rule that no citizen shall be one of the ‘persons’ expressed within the Amendment itself:

    No person shall be a:
    U.S Senator or U.S Representative in Congress,
    Elector of President and Vice President,
    Hold any office, civil or military, under the United States,
    Under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States,
    As a member of any state legislature, or as an executive or judicial officer of any state.

    All these “persons” mentioned in Section 3 of the Fourteenth Amendment had taken an oath to support the Constitution of the United States, and had agreed to not engage in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.

    No where in the amendment does it mention any such “Candidate” for President of the United States, as according to the First Amendment, the American Citizens of the 50 States have every right to associate among themselves, to place on a public ballot, their choice for “presidential candidate” to which those “U.S Persons” took an oath to, to Support.

    President Donald Trump during the years 2017-2021, had taken an oath under Article 2 –

    I solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.

    Therefore, the Citizens of the 50 States, have every right, if they so choose, to place Donald Trump back on the future Ballot, as candidate for President, if they so believe that Donald Trump did his best to preserve, protect, and defend the States.

    Once the “Qualified Voter” have chosen their Electors, and to which those Electors have chosen the Candidate of their choice, then only then, Congress may by a vote of two-thirds of each House, remove such disability.

    The People of the State of Colorado, and any such “State” of the U.S, will be prosecuted by the Supreme Court where they act in a tyrannical nature, of removing any such “candidate” from the ballot prior to, and before the Date of the Election. To which Congress has the constitutional authority to set the Time, Location, and Manner of such event.

  79. e platypus onion 2023-12-22 14:13

    Scotus denies Smith’s request to fast track decision on drumpf immunity, without comment.

  80. Donald Pay 2023-12-22 14:28

    Mike Z., You can yammer on and on with this drivel or start living in the real world. The Colorado courts have made their decision. They have headed the desires of Republican voters in that state to keep Trump off the ballot. Trump will be off the ballot there, unless the US Supreme Court decides differently.

    As someone who lives in Wisconsin and almost had his vote stolen by Trump and his gang of insurrectionist outlaws, I want the crooked dictator Trump off my ballot and in jail.

  81. Dicta 2023-12-22 14:38

    Absolute walls of text longer than the original article. THANKS AGAIN, CORY!

  82. Mike Lee Zitterich 2023-12-22 14:55

    Larry Kurtz, Donald Pay, Ditka, Richard Shriever, and O are all COMMUNIST-Facsists, they are evil dictators, who want to bring a war to American shores, so they can kill all those who think NOT like them. They are very dangerous people.

  83. Dicta 2023-12-22 15:06

    Maybe you should have the New York AG prosecute me here in South Dakota, you blithering imbecile.

  84. larry kurtz 2023-12-22 16:16

    Communist-fascist is my favorite kind of ice cream!

  85. jerry 2023-12-22 16:25

    Meanwhile in Ukraine Patriot missiles take down 3 Russian SU-34 fighters. Booyah, Merry Christmas and Happy Festivus to the ladies and gents who ambushed them and shot them down, Cause the only good commie is one that’s dead, you know that peace can only be won when we blown them all to kingdom come.

  86. Bench 2023-12-22 16:48

    Okay, after Zitterstein’s latest verbal carpet bombing above, I feel compelled share this with the DFP community. The link behind my name above goes to the text of a Tampermonkey script that runs in my web browser each time I load a page here. It’s rather geeky and probably isn’t useful to anyone else, but on the off chance it can improve the life of even one other person, here it is.

    I have been using it for several months to make the comments section here easier to read. It makes a few stylistic changes to my liking, but the big thing is that it automatically collapses comments by certain authors. I wrote it initially to hide grudznick’s nonsense, and until today his was the only name I blocked. But now Maddeningly Loquacious Zombie is in there too. Welcome to my killfile (


  87. grudznick 2023-12-22 20:02

    Mr. Bench, as Mr. Zitterich’s trusted mental health confidant, I can’t share as much with you as I’d like. Please know, Mr. Zitterich is working on his problems, but his position on the spectrum and his prognosis, long term, which has been projected by many doctor-type fellows, is not well. I can’t really say more than that.

    Mr. Zitterich, tighten up your bloggings. Or…they will use that device you dislike again at next week’s session.

  88. grudznick 2023-12-22 20:31

    Mr. Bench, you are Bobby Binger Bench, right? grudznick caught on to that right away. Your paragraph structure gave it away.

  89. ABC 2023-12-23 05:14

    Is this the Z or Grud blog, or what?

    Really now, Trump says I’m not Hitler, but he talks like him.

    Many people gave Hitler latitude till he took over 100%. Appointed, then shut down Reichstag for ‘emergency’.

    Give Trump an inch, he’ll become like Hungary’s fascist, and if he could, he’d become the Orange Haired Putin. This is serious.

    65% of the 18 and olders who register and vote here support Trump. They clearly have no idea of what a democracy is.

    That’s why California and New York and Illinois have such electoral power, to cancel out the dreadnoughts who try to vote in Trump and insurrectionist lickers..

    Last Democratic Governor January 1979? 45 years ago. Ducks in a pond regulate and govern their lives better than the Democratic Party.

    You all would sit around and complain instead of doing anything.

    You all have such faith in having elections every 2 years. What are computers for? Use them every 2 years?

    If we don’t have the numbers to elect anyone who is center-left, be they Democratic, Libertsrian, Progressive or Independent, can’t you invent a nonprofit or 501c4 that actively has elections and does stuff the legislature never does?

    1. You are a Governor now! Act like one.

    2. Elections can be held every week. That way you’ll be on your toes and will be busy blessing and doing good things!


  90. larry kurtz 2023-12-23 06:48

    That Mrs. Pat Powers and South Dakota’s Earth hating congressional delegation has been silent on Herr Trump’s incitement and insurrection is damning, to say the least.

  91. larry kurtz 2023-12-23 08:09

    Taken as a whole, the structure of Section 3 leads to the conclusion that Donald Trump is one of those past or present government officials who by violating his oath of allegiance to the constitutional rules has forfeited his right to present and future office. But in fact, both common sense and history demonstrate that Trump was an officer, an officer of the United States and an officer under the United States for constitutional purposes. Most people, even lawyers and constitutional scholars like me, do not distinguish between those specific phrases in ordinary discourse. The people who framed and ratified Section 3 saw no distinction.

    [Why 14th Amendment bars Trump from office: A constitutional law scholar explains principle behind Colorado Supreme Court ruling]

  92. Mildred 2023-12-23 18:57

    Who is this guy Mike Lee Zitterich? – he just sputters so much of nothing I just slide right by his name whenever I see it to read next comments🤓

  93. Mildred 2023-12-23 19:00

    and I read in past posts he was done forever voicing his gibberish – what a lie!

  94. larry kurtz 2023-12-24 08:08

    While Trump’s brief claims the current case against him must be tossed out in its entirety, his lawyers contend former presidents can be prosecuted criminally for their official acts in one scenario never seen in U.S. history: when a president is impeached and convicted by the Senate. One obvious impediment to the Trump camp’s arguments is President Gerald Ford’s controversial pardon of former President Richard Nixon over Watergate. Since Nixon was never formally impeached or convicted, the pardon wouldn’t have been necessary under Trump’s theory.

  95. leslie 2023-12-24 13:16

    I flew as a guest from EAFB on a KC-135 in that very seat Adam Kinzinger, USAF, piloted in this photo. 35,000 feet or something over the Black Hills of Wyoming was a treat for a kid born and raised under those skies. (Our young twenties-something pilot had left his seat momentarily in our hours long multi-state flight.) The co-pilot consented to my request saying “Sure, don’t touch anything!”

    My gift to you all here at year-end. Some uplifting political/foreign policy summary/prognostication from Rep. Adam Kinzinger, a republican who famously served on the Jan 6 Committee. None of this intelligent veteran conservative’s views are shared by our idiot governor, most of the State’s majority party, and of course Zit and grdz, here. But there is hope for, most fundamentally, our democracy, domestic and foreign policy, and he concludes, Biden MUST win this next national election.

  96. larry kurtz 2023-12-29 13:44

    A state’s “legitimate interest in protecting the integrity and practical functioning of the political process,” Gorsuch wrote, “permits it to exclude from the ballot candidates who are constitutionally prohibited from assuming office.”

    What Gorsuch was saying, in other words, is states are empowered to assess a candidate’s eligibility for an office and strike them from the ballot if they don’t meet the criteria for holding office.

  97. e platypus onion 2024-01-06 09:37

    SCOTUS basically agrees to keep drumpf on Colorado ballot without actually having ruled yet.

    I’m guessing three magats need to step away with severe conflicts of interest while Roberts can side with other two magats for a tie vote which would leave drumpf on the ballot since the Colorado court stayed their removal of drumpf until SCOTUS hears case.

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