Lawrence: Historians’ brief teaches Supreme Court 14th Amendment’s real history
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- เผยแพร่เมื่อ 27 ก.ย. 2024
- MSNBC’s Lawrence O’Donnell analyzes new filings to the Supreme Court as it prepares to hear oral arguments in Donald Trump’s challenge of a ruling by the Colorado Supreme Court that found he was ineligible for the state’s primary ballot after violating Section 3 of the 14th Amendment.
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#MSNBC #SCOTUS #14thAmendment
Brilliant historical research and content that still applies TODAY!! Thank you!!
This is a great episode. Thank you Lawerence for your insight and the truth. 🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸 sounds very clear to me!! No more Trump.
And now convince the 50 million (or so) voters who still vote for the guy
@@ronaldgliderwas trump ever convicted of a crime? 91 indictments 2 impeachments and not a single conviction. This whole thing is a massive abuse of power. You are not NOT guilty until proven in a court of law.
Bingo ! It can't be clearer. Why must we continue to endure this charade ⁉
That 12 minute summation was accurate, concise, and way faster than getting a copy of the 34 page brief, reading it, and digesting it's ramifications. Way to Lawrence and team at msnbc for top a notch presentation.
I'm convinced I'm better informed since abandoning CNN.
Both CNN and MSNBC should be out of business
@@chrissoren3521 Tell me what he got wrong, instead of how he made you feel.
23-719 TRUMP V. ANDERSON, My, unfiled, amici curiae: Please, do not, let Lady Justice turn her back on us, bow her head, and weep.
Thanks so much Lawrence. Non US citizen but I am keeping a watchful eye as a legal professional. Will be reading the brief.
Section 3 of the 14th Amendment doesn't only apply to Donald Trump but also extended to those members of congress that participated in the insurrection and as such, must be expelled from congress as per its enforcement.
Totally agreed. 💯%!
Because there are ppl holding office currently who were involved in J6 that just haven't been named yet. Once we get a few of the key players behind bars they'll start revealing the underbelly.
They will be held accountable in the next years, after Trump is convicted.
But we don't want to scare the terrorists!
fun fact- the VICE PRESIDENT of the confederacy ran for and won a seat in congress after the civil war.
I'm Canadian, and by no means a legal scholar, and don't pretend to be an expert in American law. But, within your Constitution and it's plain langauge, the President's Office of USA and the key word Office, means in my thinking that the President is an Officer of the Land. And thus in my opinion, the Presidency is an Officer within that Office and an Officer of the USA. I hope the "Supreme Court" rules for the Constitution.
According to major Constitutional scholars, "that is a given".. Judge Luddig and several others. The off ramp was that Congress would have to give their permission by 2/3.
That's the whole problem. Will this Supreme Court uphold the text of the Constitution, as they usually like to do? We can't trust them to do that in this case. Very likely they will avoid making a decision and kick it back to a lower court, delaying the decision until it's too late.
This makes the Civil War more real like nothing else.
You are correct. This endless befuddled attitude regarding "the OFFICE of the President of the United States" is BEYOND RIDICULOUS. The term "office of the President of the United States of America" is used COPIOUSLY in many legal documents.
Plus, Section 03 of the 14th Amendment also clearly states that "giving aid and comfort" to Insurrectionists is also CAUSE FOR DISQUALIFICATION.
Donald Trump, and the ENTIRE Republican Party Congress, have CONTINUOUSLY given AID and COMFORT to the present day Insurrectionists from January 06, 2021 to the PRESENT DAY.
It is obvious that the INTERNAL legal and Jurisprudence systems of the United States are BADLY BROKEN and incapable of EFFECTIVELY dealing with a DOMESTIC disaster of this magnitude.
This is a FRIGHTENING exposure of NATIONAL INCOMPETENCE to the entire world.
@@davidwilliams1086 Congress can REMOVE the disability with a 2/3rds vote. The states decide who is or isn't on their ballots, per the 10th amendment.
Elise Stefanik needs to be held to account via the 14th Amendment, Section III.
I just finished reading that brief. It should be required reading of anyone commenting on this issue.
I’ve searched for 2 hours to find this brief. Do you have a link?
ON WRIT OF CERTIORARI TO THE
SUPREME COURT OF COLORADO
BRIEF OF AMICI CURIAE AMERICAN
HISTORIANS IN SUPPORT OF RESPONDENTS@@emdahlb
Google the above title and it will come up @@emdahlb
An oath is a bond. A man's word is his bond. What is a man's worth if he breaks them? Who will ever trust him again? Who will ever believe him again?
ummmm 30+% of Republicans?
Oath, to a Narcist?? ....and a Malignant one at that! Again??....has anyone ever believed him before??
Republicans.
The lunatic Republicans will be leave him. They have drank the Kool-Aid.
Obviously, trump is not a man.
He is above everyone, a narcissistic sociopath.
Excellent reporting. Stunning and concise.
This is one of the best and most excellent reports - I really appreciate this eye-opener - Thank you, historians! - Lawrence, please keep up the outstanding reporting and utmost professional journalistic presentation.
...unless these same rules of conduct were applied to the conduct of news reporting outlets, because political bias in the reporting of "facts" is its own egregious form of tyranny. A pity that none of the Brief being referenced was actually read or cited.
Lawrence is incredible when he present us with relevant history, more of this please!!
Clear and succinct Lawrence. Thank you
Another well done segment. Thank you Lawrence
Lawrence is always demonstrating what an erudite learned person he is--in a humbled way of course. Since Trump has come on the political scene the past eight years, I've learned so much more on MSNB/NBC with regard to the constitution. Over the course of my lifetime, I've read a few books on the U.S. Constitution but never really thought anything very serious about it until Trump and the GOP started working in tandem to destroy it. It's not a document of mere words. We can see just how much power it contains from the abstract to the concrete, and Trump abused it before, during and after he became president. think about it.
How can a person be so in trouble with so called crimes but not a single conviction for 8 years? As of today not a single conviction. Msnbc has never been right these are cold hard facts.
Learning about the Constitution from MSNBC is much like learning about race relations from the KKK.
I really appreciate (as a history undergrad major) that his team shows us the actual words of the primary sources (e.g., of the statute or constitutional provision). PRIMARY sources--NB.
You mean the Democrats are trying to destroy it. Starting with the 1st and 2nd amendments. How can Trump be part of an insurrection against himself when he's the president? It makes zero sense
I love to hear Lawrence's voice 😊
And I absolutely love his smirks!!
A brilliant explanation. Thank you, Lawrence.
Would this apply to certain congressmen and senators as well?
Another great report by sir Laurence! Based in truth, intelligence and reality 🙏
Sir, that was beautiful
Love you Lawrence great job
'I've said if Ivanka weren't my daughter, perhaps I'd be dating her 💀
I would appreciate a link to the amicus brief - I’m having trouble locating it. I would love to read it!
The 14 Amendment, Section 3 :
Judge Lutig : “Couldn’t be more clear. Trump is restricted from serving in Office”.
[ No person, Senator or Representative of Congress, elector of President or Vice President shall hold any office, civil or military, under the United States, or under any State, having previously taken an oath to support the Constitution of the United States, shall have engaged in insurrection, aid or comfort to insurrectionists ]
- Hence, would include any members of the GOP. ..
A judiciary ruling to the contrary by SCOTUS or State judge would be un-American in dividing country in weakening a nation exposed to US domestic and or foreign enemies!
Fantastic Lawrence 👏 👏 👏 👏 👏 👍👍
Thank you Lawrence. Reading the brief now.
Wow. More than a hundred and forty years ago there were U.S. Senators and other Congress-critters who had functional brains and courage to use such.
Not now!
Donnie has certainly engaged in scandalous behaviour... but the biggest scandal is that he isn't behind bars already!
He's engaged in CRIMINAL behavior and he will wind up behind bars somewhere.
not going to happen just because you listen to polished turds that tell you 'untrue things'🤡🌍
I agree, but I will never stop calling out trump’s 91 indictment till they put him away for life . Justice will be served. Trump is a terrorist leader and a self proclaimed dictator and thinks he should be above the law , for trump to even ask the Supreme Court to give him that much power is a criminal mind set against all Americans. Justice will be served.
Exactly. It boggles the mind that this criminal is still allowed to walk the streets and continue to spew his venom and vitriol! The sooner he is locked away, the better for everyone.
Fewer crimes than scandals, but not by that much.
So well said! Thank you Lawrence for your presentation!
Thank you so much Lawrence, both for the history lesson and your fine, and I must say uplifting, delivery of same.
It's News that America and the World needs to, not just hear, but to listen to.
History really does repeat itself when we forget.
Great informative report Lawrence many thanks. 💯💯💯
Thank you, Lawrence.
14/3, the congress and senate members who supported trump on jan 6th, if not, they will try again.
Everyone who voted to deny certification after the attack.
Yes, this isn't just about Trump. It's about all those insurrectionist at the capital on Jan, 6th, who were police or military and took the oath to protect the nation, those in congress who voted to not certify the election and those who still support the ongoing insurrection, who call the insurrectionist in prison, "hostages". As those who fought for the Confederacy were barred from holding office, so should all those in Trump's insurrection.
Yup
Until then the insurrection is ongoing
@@conradsurak6060 yup sure is.
Excellent work by all, thank you Lawrence!
My husband is from Mayflower descendants. Many of the female members of his family were put to death accused of being witches. When women became landowners because they were widowed, they were accused of being witches, so that others could obtain their land.
Your statement is very believable but sad, thanks for sharing.
Thanks for that information as we strive for a more perfect union! Yeah right 😕
Dehumanizing women and stealing land, name a more iconic conservative combo.
It seems fitting that Republicans want to take everybody back 400 years - they certainly aren't happy here in the 21st century.
NOW THAT WAS VIOLENT CONSCRIPTION! WHICH MORPHED TO MALES WITHOUT MANGOED BONESPURS!
Don’t they often talk about the President being the highest office in the land?
yes, but "office" is undefined in the constitution. SCOTUS can decide that. There are a lot of provisions in the constitution that are not fully defined. That is why we have to SCOTUS. And hopefully they can be a-political.
Presidency, not president. Who are ‘they,’ by the way?
@@stinker43 The 14th amendment was designed to apply to every office in government, and every confederate especially Jefferson Davis.
Yeah, that stumps me as well. It is pretty self explaining... Then again, I don't speak trump that's babble to me.
@@mile_high_topherthe writers of the 14th obviously considered Davis to be an "officer".
"anybody"...."that violates the oath"....
PERIOD!
I don't understand the question about "is the position of president an office". They take an OATH OF OFFICE at the inauguration. Like. It's an office. That's... that's the answer to that part of the question, isn't it?
I agree with you that what get me crazy.. The Orange Jesus put his hands on the Bible and swore an oath to the Constitution to defend and protect..don’t allow Trump to get his way.
That is pretty powerful language in that brief!
Way to go, Lawrence!!!
All Americans (We The People) who honor Our Constitution must read and understand Amendment 14, Section 3. It's in pretty plain English. A traitor is a traitor is a traitor.
AND SHOULD BE PUNISHED FOR IT TOO
It won’t be up to the people… sadly, the corrupt conservative judges on the SC will rule on it.
Old China Joe is a traitor l!!!
Not if he or she is white!
Punishable by …..?
Thank you Lawrence for your explanation.
Thank you.
It applies as well to the insurectionists, supporters and comforters in the Senate and the House.
Yes, it does.
And in the Supreme Court.
Thank you very much. I truly enjoyed this subject and education.
Thanks for more backstory concerning the 14th amendment, found it very informative, to me, it clearly explained why Trump should be removed from 2024 election, can't see how anybody could possibly interpret it any other way.
Totally agree
There isn't any other possible, sane way to interpret it. We'll see if enough of the six Republican Justices care about sanity and the constitution. Sounds like a coin toss to me.
@@mile_high_topherGood old Clarence and Sammy are broken records re original intent and looking at the text. On its face, the 14th Amendment applies to Trump and he should be disqualified. Unfortunately, Republicans seem to have no shame about being hypocrites. So, God knows what these two vacation freeloaders will do. It’s too bad no one has the cojones to impeach them for taking bribes.
Yeah, let's ignore the part about "due process" and get this done because otherwise, it's MAGA 2024 ! ! !
Thank you 😊 💓
Stand back and Stand by Donald, The criminal conviction charges are coming
Very fast 💨 🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🙏🇺🇸🙏
'I've said if Ivanka weren't my daughter, perhaps I'd be dating her 💀
He's already been charged with criminal charges. Conviction on those charges is coming.
@@rhondah1587 You are right
@@813laker “She’s actually always been very *voluptuous*. She’s tall - she’s almost 6 feet tall - and she’s been … she’s an amazing beauty.”
Americans have a DUTY this year, to hold Donald Trump accountable for his actions - and we will have the power to do so in November, when we VOTE! 🇺🇸🇺🇸🇺🇸
💙💙👍
Sure, just as soon as they hold all the other politicians accountable.
Or if smart, hold him as not eligible and the other politicians calling insurrectionists in jail "hostages".
In 2016, Democrats were asleep at the wheel. It was the specter of Trump that woke them up.
See what I did there?
The Electors elect the President, not The People.
Keep - Him - Out...Keep - Him - Out...Keep - Him - Out...
Trump is a Traitor to America, Lock Trump Up!
No matter what 👍
@@lightwillprevail No matter what.
Yup
Vote 🗳️
You do bring up great points for our American People & the Law it helps protect the country no mater the age the power or money
thank you for your explanation. Just a note: MSNBC might want to make the link to the brief a little more obvious. And thank you for the link too.
Is it even posted? How do I find it
Why is The Supreme Court taking it's Sweet time to Disqualify this Man?
Because they are damned if they do and damned if they don't.
@@ohreally8929 Then they should go with what the constitution says and rule Trump ineligible to hold office.
Like with most things, it's a process, it's not a switch you can throw or a machine you can turn on.
They haven't yet had a hearing on the matter. Arguments are Feb 8.
Its stacked to break the law! Why doesnt Biden just add a few more seats?? Why are there 9?
I sm niot a lawyer nor an historian. I found your show very interesting and enlightening. My only wish is for the Suoteme Court Justices see what every Republican lawyer and gistoruan see. Donnie should not be running for President under the 14th Amendment. His cases need to go to triall so a jury if.his peers can find.him guilty and.he csn go to jail.
Vote like your democracy depends on it, because it literally does!
I will vote like _our_ Constitutional Republic depends on it.
@@13BGunBunny A constitutional republic which democratically elects its representatives 🤭
If you vote Blue
@@Slo-ryde
I will not vote for the person or the party, I will vote for the candidate's policies.
Thank you Lawrence!
Scotus should be reviewed every so often for a competence test. And so should politicians as well, Because they are all prone to doing what they feel like doing.
*What an absolutely marvellous segment to wake-up to Lawrence... Thank you so much!* 👍😎🇬🇧☕
I know I'm simplifying things here, but no person that dishonors their oath could ever make any argument to restore my trust in them
Look all I want to do is find 11780 votes
'I've said if Ivanka weren't my daughter, perhaps I'd be dating her 💀
'I've said if Ivanka weren't my daughter, perhaps I'd be dating her 💀
Inject disinfectant. Lots of it
Trump is a VERY SICK MAN BABY.
@@audio2664 Don't forget to shove the UV light up your back side
Extremely interesting and educational. Thank you, Laurence!
Doesn’t a president take the “oath of office” when he takes over from the last administration?
And it is called an office multiple times in the Constitution.
Seriously I did not know that that other countries use findings in our legal system to make arguments in thier own?
You guys might want to rethink that considering the hornets nest we have kicked right now.
It bothers me that the Christian nationalists here assume that the country will support thier unique definition of Christianity.
The members of the church i grew up in would stop going to church if they were forces to practice thier religion as a Catholic would. Many of them considered Catholics cult members.
I keep saying becareful what you wish for it could come back to bite you in the butt.
But according to judge after judge, an oath means nothing in our country.
That was Great! Thank you!
Well said and thank you for your research on the matter.
That is great news coverage, No opinions just facts.
Yes
That's pretty obvious and straightforward in meaning.
No gray area there.
From what I have just heard this brief was exceptionally researched and written!
Thank you. As an observer from outside America and American politics, I appreciate the clear explanation of the history and reasoning behind this amendment to the Constitution.
Neal is super smart
Let me be brief, 45th is an insurrectionist.😂😂
Exactly ‼️
Without a doubt the yellow buffoon is an insurrectionist.
Sadly, the corrupt SC judges will find a way ..not to see it that way!
Maybe a small point in the big picture, but judges in colonial New England and parts of Europe did not prosecute and persecute “witches”, they prosecuted and persecuted unfortunate - mostly women - who were accused of witchcraft.
Point well made.
JUST ENJOYED reading the Brief at Lawrence's suggestion. Respect runs deep for the dedicated History & Law professionals who accomplished the enormous task of doing the hard work. When all we must do is importantly take the little time and patience required to carefully read under 40 pages of "emeritus excellence".
Love your history lesson. Fantastic info. Thank you. IRELAND
Federalists Paper #69 written by Alexander Hamilton states the President is an officer of the US. The SCOTUS has used the Federalist Paper for constitution interpretation and historical.
Thank you for even more supporting information.
Yep. This is the exact quote from Hamilton: "The President of the United States would be an officer elected by the people for FOUR years; the king of Great Britain is a perpetual and HEREDITARY prince."
Hold Donald Trump accountable.
Lock him up!
Lock him up!
Lock him up!
Yes
Can't wait to do my part in making him the next President....again.
🇺🇲Trump2024🇺🇲
@@jeepninja1 It is your right and your vote. Stupid do get to vote for stupid.
@@jeepninja1 for what?
Trump reminds me of a penny
two faced and not worth much ..
Trumpery: noun, attractive article of little value or use
The Roman god Janus, hence January.
I totally agree with you 💯. Trump is a penny with a Hole 🕳️ in it.
The comparison is devaluing to pennies 😂
Used to be worth more, now it's coated in an "orange" layer.
In one of the cases that Neal Katyal argued and won in front of the supreme court, he defended the big cocoa companies from accusations of child slavery and exploitation brought on by workers on African cocoa farms.
Neal Katyal, literally, wrote the apology of slavery.
People are really upset with Neal Katyal because they think he's being a bit of a hypocrite. Here's the deal: Katyal is a big-shot lawyer who talks a lot on TV, often supporting the Democratic Party and talking about justice and doing the right thing. But at the same time, he's taken on cases defending huge companies accused of some pretty bad stuff, like exploiting workers. This has got folks scratching their heads. They're like, "How can you talk about fighting for what's right on TV and then defend these companies in court?" It feels to them like he's playing both sides, depending on what suits him or who's paying him at the time. This situation has got people fired up because they expect someone who's always in the spotlight, talking about fairness and justice, to stick to those principles all the time, not just when it looks good on TV. It's not just about Katyal, though. This whole thing is making people question whether other big lawyers and commentators are really sticking to their guns or just saying what people want to hear.
That's great!
Thank you
I never got to the Big Show known as SCOTUS except by written briefs. That's okay. My head would explode if I had to argue before any Trump-appointed Evangelical or Opus Dei federal judges. They're insane, bad people.
Thank you!
Great reporting and research.
This is excellent reporting @Lawrence! Can't wait to hear what Neil Katial (sp??) has to say!
Also, I read that Judge Michael Luttig filed an amicus brief in this matter also. Will you be reporting on that as well?
(09:47- 10:02) “… to punish the violators of oaths… ” could not be more applicable if it was written yesterday!
According to the congressional research service section 3 of the 14th Amendment didn’t need a guilty conviction and that history shows that it has never required that.
That same section states “or hold any office, civil or military, under the United States”. Isn’t the office of president both a civil and military office? Isn’t he the commander in chief of the military?
“having previously taken an oath…as an officer of the United States”. Isn’t the president an officer of the US? Does he not take an oath?
“shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof”. Doesn’t sitting in the WH and refusing to do much as lift a finger, even as his staff were pleading with him, while watching the capital get sacked, LEO get beaten, congress flee for their lives, and his own VP narrowly avoid those searching for him while gallows were being constructed, doesn’t that count as at least “giving aid and comfort” to those doing violence in his name? He flatly refused to even attempt to stop it.
And then telling them he loves them.
GET IT RIGHT!
"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 as 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. But Congress may by a vote of two-thirds of each House, remove such disability."
Clear enough?
Great presentation!
If they start punishing violators of oath, a whole bunch of congress people are going to be out or in jail.
Better yet. Out of office and in prison!!! 👌👌👌
Good.
And that's bad?? 😮
Ilhan Omar should be the first. She has admitted that her first loyalty is to Somalia and not to the United States. Immediate expulsion from office and deportation are demanded by the Constitution.
As well they should be.
This has been by far for me the clearest and most hopeful sign that there may be a hope that the Supreme Court judges will have a hard time to protect that scoundrel thug of Trump. Tx Lawrence for it.
I have read this brief. It is a full semester of American Civil War and Reconstruction in 35 pages of an Amicus brief. I was struck that the prohibition to ever hold government office was accepted as the greatest punishment an insurrectionist could have. This was truly a time when reputation and morals mattered. We are an impoverished society when we welcome and cheer people like Trump and his collaborators.
Look 👀 all I need. is 83.3 million dollars 💰💰💰 BRAD , RUDY ,
Would have been nice if this clip actually included Katyal's assessment, which Lawrence mentioned it three times in the beginning.
I loved every second of this. Thank you, Lawrence. ❤
Couldn't be any clearer than that.
Lawrence is right - they’re arguing for a stance they came to before the information was ever provided.
That's called tautology. Holding the conclusion you want to reach in mind while examining the material or ideas in question. The opposite of following the facts where they lead. Intellectual dishonesty.
Thank you Lawrence for this eye-opening report!
Perfectly said and presented. Thank you.
Bravo Lawrence! Bravo! Even when the words are not yours (though I have heard plenty of eloquent prose from you that can be attributed to you), you bring a quiet dignity and weight to the words you deliver that is reassuring in our troubled times. I just wish that everyone had the ability to truly hear what you said tonight.
Teaching is one thing.
Actually, learning is a totally different thing.
How about a link to the brief?
How about giving us a link to the document you’re suggesting we read?
This commentary outlining the history of this constitutional amendment is one of the best I have heard in the arguments to uphold Colorados Supreme Court Decision. Let’s now just wait to see if we have honest judges or not. Though I highly doubt that Thomas will recuse himself
Justices, not judges
Our failsafe is the ballot box if they refuse to support the constitution.
The traitor put 3 sycophants on the court in order to disrupt justice. They will threaten the other justices or his MAGA people will threaten or even attack the court to rule in his favor. Please prove me wrong. But I fear this court is too corrupt to rule justly. Alito, Thomas... dangerous times. How HItler took over.
After trump and Mitch McConnMan had their way with the Supremes, we don’t only have one Boofer on the Court, we have a whole gaggle of them.
@@walterhoenig6569
It’s only a title. Their judges, get over it.