this post was submitted on 05 Feb 2024
189 points (95.7% liked)

News

23618 readers
3859 users here now

Welcome to the News community!

Rules:

1. Be civil


Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.


2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.


Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.


3. No bots, spam or self-promotion.


Only approved bots, which follow the guidelines for bots set by the instance, are allowed.


4. Post titles should be the same as the article used as source.


Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.


5. Only recent news is allowed.


Posts must be news from the most recent 30 days.


6. All posts must be news articles.


No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.


7. No duplicate posts.


If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.


8. Misinformation is prohibited.


Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.


9. No link shorteners.


The auto mod will contact you if a link shortener is detected, please delete your post if they are right.


10. Don't copy entire article in your post body


For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 2 years ago
MODERATORS
 

It took months before the first mention of Section 3 in a public document. Free Speech For People, a Massachusetts-based liberal nonprofit, sent letters to top election officials in all 50 states in June 2021, warning them not to place Trump on the ballot should he run again in 2024 because he had violated the provision.

None of them took action, part of a general silence in reaction to the group’s arguments.

“People were just treating it as something that was not serious,” recalled John Bonifaz, the group’s co-founder.

By January 2022, the group decided to test Section 3 in court.

Looking for a lower-level defendant, Sherman’s organization zeroed in on Couy Griffin. The subject of one of the earliest Jan. 6 prosecutions, Griffin already has a rich legal record. He was was recorded in a restricted area of the U.S. Capitol as head of a group called Cowboys for Trump. Griffin was convicted of illegally entering the Capitol, but acquitted of engaging in disorderly conduct.

He still served as a commissioner in a rural New Mexico county, which kept CREW’s attention on him. On Sept. 6, 2022, a New Mexico judge ordered Griffin removed from his position. It was the first time in more than 100 years an official had been removed under Section 3. Griffin has appealed to the Supreme Court.

you are viewing a single comment's thread
view the rest of the comments
[–] themeatbridge 7 points 10 months ago (1 children)

Tillman conveniently ignores literally all of the historical and contextual evidence that doesn't support his bullshit.

[–] billiam0202 2 points 10 months ago (1 children)

I'm not in the legal profession, so what context or historical evidence did he miss?

Also to be clear, I'm not saying that Tillman makes a convincing argument, or one that I agree with, only that it's an argument as to why the President might not be an "officer of the United States."

[–] FlowVoid 1 points 10 months ago* (last edited 10 months ago) (2 children)

The historical context is that during the ratification proceedings, a senator basically spoke up and said "Hey I think we forgot to include the President and we can't have that" and another one replied "Don't worry, he counts as an officer".

And remember, when the SCOTUS originalists interpret the constitution, their number one consideration is "What did the people who wrote this particular amendment mean by this word / phrase?" In this case, the answer is clear.

[–] [email protected] 2 points 10 months ago (1 children)

I'd love to see a suit taking a corporation to the mat in that in its mere modern existence it's usurped the founders intent...

Which was a frothing contempt for them. They recognized they were helpful for big projects that society needed, so a charter would be granted to say...build a bridge...and upon completion immediately disbanded.

Id call this the greatest court in history if they restored that. I think the earth rotations reversing is more likely.

[–] FlowVoid 0 points 10 months ago* (last edited 10 months ago)

It's not necessarily the founders intent that matters. It's whoever wrote the text in question.

So when interpreting a law about corporations written in 1930, what matters is how "corporation" was defined in 1930 not 1787.

[–] [email protected] 1 points 10 months ago (1 children)

"Don't worry, he counts as an officer".

They didn't literally say that though. They simply referred to the previous part that said "or hold any office in the US". It's pretty obvious that's what he meant, but it isn't explicitly what was said or written.

[–] FlowVoid 1 points 10 months ago

Originalists have to rely on what words "obviously" meant at the time, because "explicit" definitions are often unavailable.