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in a massive win for president Trump
just earlier today the US Supreme Court
decided unanimously in his favor and
they ruled that individual states cannot
bar president Trump from appearing on
the ballot and this decision of theirs
is extremely timely given the fact that
tomorrow which is super Tuesday two of
the states that have attempted to kick
president Trump off the ballot namely
Colorado and Maine will be holding the
primary elections however even though
this ruling definitively concluded that
states cannot kick Trump off the pallet
well that actually did not stop the
Trump disqualification effort instead
within hours of this ruling being made
public the effort to get Trump kicked
off the ballot simply morphed going from
the state level to the federal level all
of course in the name of saving
democracy and so let's go through the
details of everything here together to
start with the background of this
particular case is that for the past
year across the whole country you've had
these lawsuits being lobbied against
President Trump in roughly 35 different
states in aiming to kick him off the
ballot the details of the individual
cases differ one from the next but the
basic gist of all of them is that since
president Trump quote unquote engaged in
an Insurrection on January 6th he should
therefore be barred from ever holding
office as per the 14th Amendment for
General context here's what the
pertinent section of the 14th Amendment
says this is section number three quote
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 is 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 then a
little bit further down in the 14th
Amendment you had section five which
said the following quote the Congress
shall have power to enforce by
appropriate legislation the provisions
of of this article and so in the modern
context outside of the Civil War
opponents of President Trump have been
making the argument that he was involved
in an Insurrection and therefore as per
the 14th Amendment he should be barred
from serving in any capacity as an
officer of the United States and along
that line looking Across America you'll
see that 35 different cases have been
filed in 26 different states all looking
to get Trump kicked off the ballot in
those individual municipalities now many
of those cases they have been dismissed
however three of them have actually
succeeded in the states of Colorado
Maine and Illinois in those three states
some form of a ruling was handed down
kicking Trump off the ballot the
Colorado decision was the first among
those three and so that's the case that
wound up getting appealed to the US
Supreme Court and the argument that
Trump's legal team presented to the US
Supreme Court in their appeal it really
avoided the question of whether or not
the events of January 6 constituted an
Insurrection they didn't touch that
subject instead their arguments centered
around the question of whether or not
individual states have the authority to
use the 14th Amendment to kick a federal
candidate off the ballot and after
hearing arguments from both sides just
earlier today at roughly 10: a.m. the US
Supreme Court came back with a decision
in a 9 to0 unanimous ruling the justice
has voted that individual states do not
have the authority to use the 14th
Amendment to kick Federal candidates off
their ballots here's part of what the
majority opinion said quote Section 3
works by imposing on certain individuals
a preventative and severe penalty
disqualification from holding a wide
array of offices the Constitution
empowers Congress to prescribe how those
determinations should be made the
relevant provision is Section Five which
enables Congress subject of course to
judicial review to pass appropriate
legislation to enforce the 14th
Amendment this case raises the question
whether the states in addition to
Congress may also enforce Section 3 we
conclude that states May disqualify
persons holding or attempting to hold
State office but states have no power
under the Constitution to enforce
Section 3 with respect to federal
Offices especially the presidency their
decision then goes on to explain the
rationale for why states can disqualify
candidates for State office but not for
federal office quote in our federal
system the national government possesses
only limited powers the state and the
people retain the remainder among those
retained Powers is the power of a state
to order the processes of its own
governance in particular the states
enjoy Sovereign power to prescribe the
qualifications of their own officers and
the manner of their election free from
external interference except so far as
plainly provided by the Constitution of
the United States although the 14th
Amendment restricts state power nothing
in it plainly withdraws from the states
this traditional Authority and after
ratification of the 14th Amendment
states used this authority to disqualify
state officers in accordance with State
statutes such power over governance
however does not extend to federal
office holders and candidates because
Federal officers owe their existence and
functions to the United voice of the
whole not of a portion of the people
Powers over their election and
qualification must be specifically
delegated to rather than reserved by the
states they then wrote that it is only
Congress by passing a piece of
legislation saying that this person or
these persons violated section three of
the 14th Amendment which can invoke that
particular Authority and as such the
question of whether individual states
can kick Trump off the ballot has
officially been resolved making all
those dozens of lawsuits across the
whole country irrelevant now I will
mention in passing that while all nine
Supreme Court Justices agreed that the
state do not have this Authority all
four of the female Supreme Court
Justices either wrote or they joined a
separate concurring opinion laying out a
different rationale for why they came to
that same conclusion regardless of that
though the end result is the same that
the states have no Authority here and
only Congress at the federal level can
choose to designate a person or persons
as being disqualified as per the 14th
Amendment which is exactly what began
happening almost as soon as this ruling
was made public specifically opponents
of President Trump seeing that the state
level effort was essentially thwarted
they immediately began a new campaign to
getting kicked off the ballot at the
federal level for instance here was an
interview that took place with
Congressman Jamie rasing over on CNN
hours after the US Supreme Court
decision came out I am working with a
number of my colleagues including uh
Debbie was and Schultz and Eric swell to
revive legislation that we had to set up
a process by which we could determine
that someone uh who committed
Insurrection is disqualified by section
three of the 14th Amendment and the
House of Representatives already
impeached Donald Trump for participating
in Insurrection uh by inciting it so the
house has already pronounced upon that
all right just to pause here for a super
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Roman I'll also throw the link down into
the description box below meaning that
if they can't kick the leading
Republican candidate off the ballot
through the state courts they'll Instead
try to do it through an act of Congress
all of course in the name of saving
democracy Now given that Republicans do
currently control the house there is
little chance of that working out but we
will keep an eye on this particular
effort on the flip side however you have
President Trump himself who as you would
imagine was rather satisfied with the
Supreme Court decision shortly after it
was made he went public with a statement
of his own that was televised pretty
much on every single uh TV station
here's a short snipp decision were very
well-crafted
and I think it will go a long way toward
bringing our country together which our
country needs and they worked long they
worked hard and frankly they worked very
quickly on something that will be spoken
about 100 years from now and 200 years
from now extremely important essentially
you cannot take somebody out of a race
because an opponent would like to have
it that way and it has nothing to do
with the fact that it's the leading
candidate whether it was the leading
candidate or a candidate that was well
down on the totem pole you cannot take
somebody out of a race the voters can
take the person out of the race very
quickly but a court shouldn't be doing
that and the Supreme Court saw that very
well and I really do believe that will
be a unifying Factor because while Most
states were thrilled to have me there
were some that didn't and they didn't
want that for political reasons they
didn't want that because of poll numbers
cuz the poll numbers are very good we're
uh beating President Biden in almost
every poll New York Times came out
yesterday with a very big Poll for us so
they U they didn't like that and you
can't do that you can't do what they
tried to do and hopefully Colorado as an
example will unify I know there's
tremendous support they they brought our
support up very strong in Colorado
because people thought people in
Colorado thought that was a terrible
thing that they did and so there you
have it with this win and pocket
president Trump will now appear on the
ballot in all 50 states and all the
lawsuits against his ballot access have
overnight become moot although there's
now the federal level to getting kicked
off the ballot because this story is of
course never ending if you'd like to
read the full decision that came out of
the US Supreme Court which I would
recommend it's only 20 pages in length
and the rationale is pretty interesting
to follow if you want to read it I'll
throw a pdf version of it down into the
description box below this video if
you're the type of person that likes to
dig into the weeds and all ask can
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