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Comments by "" (@thehumanity0) on "Second Trump Impeachment FAILS - It's Time To Move On" video.
He's been saying this for weeks, maybe months & has still done Zero research on why the 14th Amendment can't be used in the way he's claiming. & even if Congress passed a bill that weaponized the 14th Amendment against Trump, which could take years, it would ultimately be up to the courts to pass guilt, aka a 6-3 Conservative Supreme Court. How many times is he going to repeat this nonsense until he learns the problems with using the 14th Amendment like that.
9
I don't know how long Kyle is going to keep repeating this, but the 14th Amendment can't be used in the way he's claiming. Section 3 can't be used against a president like that unless it's signed into a bill to do just that - a process that could take years. Then even if you pass a bill of attainder that utilizes Section 3 of the Constitution's 14th Amendment, the Constitution itself says it can only be used by the judiciary to pass judgement, not the legislator. In other words, it would ultimately be up to a 6-3 Conservative Supreme Court. Kyle is acting incredibly ignorant to keep repeating this without learning the exact law. Kyle's supposed "solution" has even less of a chance of working than impeachment (granted if you could even pass it into law after years of being held up in the legislator).
6
Multiple people have been trying to tell Kyle this for weeks now and it never gets through. The main reason he scoffs at impeachment is because he thinks he knows some secret that politicians and legal scholars have never thought of. It embarrassing to watch him constantly repeat this nonsense. Btw, even if you passed a bill of attainder into law utilizing Section 3 of the 14th Amendment, the Constitution says it would ultimately be up to the Courts to pass guilt, not the legislator. Last time I checked we had a 6-3 Conservative Supreme Court. Kyle's "plan" has a far higher rate of failure than even impeachment.
5
Yes, numerous outlets have already outlined the problems with using the 14th Amendment - WaPo, Legal Eagle, and other outlets and legal scholars. Section 3 of the Constitution's 14th Amendment can't be weaponized against an individual or president like Kyle is claiming unless you sign a bill into law that uses its context. This would have to be passed as a bill of attainder and adjudicated in the courts. The Constitution itself says that this bill could then only be used to pass guilt onto Trump by the judiciary, not the legislator. It would ultimately be up to a 6-3 Conservative Supreme Court and additionally the bill could take years to even pass into law.
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@pdpgb Most likely. Pretty sure there's absolutely no way a bill of attainder can be passed with budget reconciliation or any method that involves a simple majority vote. People that have been fighting for decades to add an amendment to the Constitution to remove money from politics & campaign finance, a primarily bipartisan policy, will know better than anyone that dealing with Constitutional law is one of the hardest areas to achieve political victories (especially when it's a completely partisan issue). The idea that you can do it with a simple majority vote seems silly when you go into all the details.
2
@Sugarman96 This was the most bipartisan impeachment in US history. If the leftover Trump rabble really think this was a victory for them, then they really are braindead. It's not like he was being impeached so he could be removed; this was simply to put the final nail in Donald Trump's coffin.
2
It wasn't even slightly difficult to see that 2/3rds of Republicans wouldn't convict. Difference is though that Kyle's being ignorant about the importance of simply trying to hold a president accountable for armed insurrection. And then he's dead wrong about his "solution" to use the 14th Amendment, which literally can't be done in the way he's claiming.
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@pdpgb Yes, but it's a law that would need to be adjudicated in the courts since it's using the legal context in the Constitution.
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The 14th Amendment literally can't be used in the way Kyle is claiming. He keeps on repeating this nonsense point and then never learns why what he's saying can't be done. It would have to be passed into a bill to even be possible to be used against Trump and even then, a bill of attainder can only be used by the judiciary to pass guilt onto a president, not Congress. It would be up to a 6-3 Conservative Supreme Court - yeah great plan. Oh and btw it would likely take years to pass it into law.
1
@Independent97 Yes, I'm sure. Section 3 can't be used against Trump in the way Kyle is claiming. It must be passed into a bill of attainder and then adjudicated in the Courts. The Constitution itself says that a bill like that can only be used by the judiciary to pass judgement, not the legislator. Seeing how we currently have a 6-3 Conservative Supreme Court, I see that having even less of a chance of passing than impeachment & a 2/3rd Senate majority. Not to mention, it would likely take years for Congress to pass the bill into law. Legal scholars, other Youtubers and media outlets have already talked about why the 14th Amendment is a dead end. There's a reason Kyle is the only one discussing it as some secret weapon & an alternative to impeachment.
1
@Independent97 Huh? How tf did you make that leap in logic? I never said "Kyle is a Trump supporter", YOU said that. I'm a long time Secular Talk listener, I'm just not some fcking mindless stan whose scared to call Kyle wrong when he's wrong & seems to have done no research on a subject. Also, you just cited a 49 second Youtube video from over a month ago, I assume immediately after the riot at the Capitol before he could make a real video. Why don't you find some actual research on it huh? https://www.washingtonpost.com/outlook/2021/01/12/14th-amendment-insurrection-trump-removal-problems/ Also pretty sure Legal Eagle has other videos talking about the same roadblocks. Other people have been citing him for weeks to tell Kyle why he's wrong. I'm far from the only one discussing this.
1
The reason they don't pass it is because it can't be done. People have been trying to tell Kyle this for weeks now and there's a reason he's the only one talking about it. The 14th Amendment can't be used against Trump like that unless it's passed into law and adjudicated in the Courts. This means, it would ultimately be up to a 6-3 Conservative Supreme Court, not 'a simple majority in Congress'. In addition, the process to even pass a bill of attainder into law could take years to accomplish, but the SCOTUS is the real dead end.
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@automaton111 Except that when you look at it through a legal lens, a 6-3 Conservative court absolutely will give Trump the kindest interpretation they can give. There's no way they convict him & will cite his use of weasel words to claim he never actually told the mob to storm the capital. Did I mention that it would likely take years to pass the bill into law?
1
Kyle keeps going on about the 14th Amendment and yet has still done 0 research on the subject. The 14th Amendment can't be used in the way he is claiming and even if you passed a bill to weaponize it against Trump (which could take years), it would then ultimately be up to the courts to pass guilt onto Trump, NOT Congress.
1
Lol so what? So they shouldn't have even tried to hold Trump accountable for an armed insurrection? That sets a precedent that is far worse than any outcome you could've imagined.
1
Exactly. Even if you passed it into a bill of attainder to be used against Trump, the Constitution states it would be up to the courts, not Congress. A 6-3 Conservative Supreme Court I might add. Overall, that plan has far less of a chance of succeeding than even impeachment.
1
The 14th Amendment can't be used like Kyle has been repeatedly claiming. People have been trying to tell him this for weeks.
1