In the aftermath of the demonstration at the US Capitol last week, the Democrats have finally realized that they have let the genie of mob action that they unleashed and encouraged all last summer with the BLM riots out of the bottle for good, and they have no way of controlling it. So now they are approaching it in the only way they know how which is using the coercive power of the state to force you to do what they want. This is the strategy they have used an ingraining the horrendous and uncivilized practice of abortion into our legal code. This is how they make you publicly acknowledge that two men can be married and that by cutting off one’s genitals and changing a hairstyle that a man is suddenly a woman. This is how they make you wear face masks and refuse to socialize with friends and family on holidays.
Two different tracks are at work. On the one hand, the Democrats seem to be pressing ahead with another impeachment fo President Trump over something because no sane person can claim there was any incitement in his speech last Wednesday (US Attorney for DC Is Allegedly Investigating President Trump’s Speech for Evidence of a Criminal Act), Given that there is only a week left in his presidency, this is more of a stunt than real. The two-thirds vote of the Senate needed to remove him from office is not there. The real reason is to lock in Republicans on the subject because the Democrats actually believe that supporting President Trump will damage them (it won’t). The transparency of this ploy was made clear yesterday when the Democrats said that an impeachment probably would not take place until after Biden had been granted his “hundred days” to attempt to crush freedom and free enterprise in the United States (see I Support the Democrats’ Effort to Impeach President Trump and so Should You).
The other track is a fanciful reading of the US Constitution to arbitrarily remove from office members of Congress who challenged the votes of the Electoral College and to bar President Trump from running for office again in 2024.
Con Law folks: Does anyone have any idea how 14th Amendment, Sec. 3 plays out in real life? 18 U.S.C. Sec. 2383 appears to be the criminal manifestation of it, but the constitutional text doesn't seem to require a conviction by a court (or through impeachment) to apply pic.twitter.com/wPnH5CUWsT
— Asha Rangappa (@AshaRangappa_) January 8, 2021
Whazzername has branched out from Russia-Hoax-porn to Constitutional-analysis-porn.
NOTABLE: @SpeakerPelosi's letter asks Democrats for input on "14th Amendment Section 3."
That's the part of the Constitution that prohibits lawmakers from having "engaged in insurrection or rebellion."
New Rep. @CoriBush (MO) has been pushing to use this to expel some members. pic.twitter.com/DAnPasIjUj
— Sahil Kapur (@sahilkapur) January 11, 2021
The only time the left is interested in the US Constitution is when they find an excuse to tie it to the rack and torture it until it screams the answer that they want. When the Supreme Court decided that it would invalidate state laws governing the availability of contraceptives, the anti-American justice William O. Douglas relied upon “penumbras, formed by emanations” from the Bill of Rights to find a right of privacy (SPOILER ALERT: there is no such right). This same practice of using wishcasting as legal analysis forms the underpinning of our time’s great social tragedies: Roe v. Wade, Lawrence v. Texas, and Obergefell v. Hodges.
This section of the Fourteenth Amendment has a very specific history and meaning. It was designed to prevent people who had been federal and state officials and military officers before the Civil War but who had thrown their lot in with the Confederacy from holding such positions again unless Congress specifically granted an exception.
Words have meanings. There is no universe in which what happened last week can be construed as an “insurrection” or “rebellion” unless we go full-bore Alice in Wonderland and declare that words mean whatever the hell we decide they mean. There was literally no attempt to overthrow the government or to establish an alternative government. The people involved were not armed (read Opinion: Enough! There Was No Riot, Insurrection, or “Storming!”).
This is not to say that Nancy Pelosi can’t use her narrow House majority to expel Republicans who stood firm in defending the idea of ballot integrity when all the courts would do was suddenly find “no standing” when the same courts could find ample standing to change the rules and create a situation where it was impossible to have a free, fair, and plausible election.
In fact, it is rather hard seeing the Democrats being able to resist the impulse to go totalitarian. That is really who they are. That is definitely who the woke progressives are. It isn’t enough that they can express their views; you must publicly agree with their views, or they will attempt to bankrupt your business and deprive you of a livelihood, and silence you. They are confronted with the fact that half of the nation is adamantly opposed to their agenda and must have the sneaking suspicion that number will grow once we see what they have planned.
If they do move forward to expel a hundred or so Republicans and insurrectionists, I think it is safe to say that last Wednesday will be looked upon as a rather minor disturbance.
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