United States | News & Politics

8404 readers

254 users here now

founded 5 years ago

MODERATORS

[email protected]

Trump argues First Amendment protects him from 'insurrection' cases aimed at keeping him off ballot (apnews.com)

submitted 2 years ago by [email protected] to c/[email protected]

23 comments fedilink hide all child comments

DENVER (AP) — Attorneys for former President Donald Trump argue that an attempt to bar him from the 2024 ballot under a rarely used “insurrection” clause of the Constitution should be dismissed as a violation of his freedom of speech.

The lawyers made the argument in a filing posted Monday by a Colorado court in the most significant of a series of challenges to Trump’s candidacy under the Civil War-era clause in the 14th Amendment. The challenges rest on Trump’s attempts to overturn his 2020 loss to Democrat Joe Biden and his role leading up to the violent Jan. 6, 2021, attack on the U.S. Capitol.

you are viewing a single comment's thread
view the rest of the comments

[–] [email protected] 6 points 2 years ago

It is silly, but I'm pretty sure the order of the amendments doesn't really factor in. It's a problem if two amendments are in conflict with each other, and generally if the intent of a later amendment was to modify some aspect of a prior one, it explicitly does so by specifying what parts of the previous amendment are modified, removed, or added to (although the only time I'm aware of that that applied was when the 21st amendment repealed the 18th amendment). Generally the amendments are additive and no particular ordering is implied.