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In reply to the discussion: If the SCOTUS votes to keep TFG on the ballot, [View all]limbicnuminousity
(1,409 posts)44. Your assessment is astute.
I think we're going to be hearing a lot about the (mis)jurisprudence of Samuel P. Chase in the editorials and funny sections.
Random bits from the wiki on Chase:
https://en.wikipedia.org/wiki/Salmon_P._Chase
Perhaps Chase's chief defect was an insatiable desire for high office.[30] Throughout his term as Treasury Secretary, Chase exploited his position to build up political support for another run at the presidency in 1864. Benjamin Wade, a Republican commented: "Chase is a good man but his theology is unsound. He thinks there is a fourth person in the Trinity."[31]
To honor Chase for introducing the modern system of banknotes, he was depicted on the $10,000 bill printed from 1928 to 1946. Chase was instrumental in placing the phrase "In God We Trust" on United States coins in 1[864.[33]
For his defense of people arrested in Ohio under the Fugitive Slave Act of 1793, Chase was dubbed the "Attorney General for Fugitive Slaves."[12] His argument in the case of Jones v. Van Zandt on the constitutionality of fugitive slave laws before the U.S. Supreme Court attracted particular attention. Chase contended that slavery was local, not national, and that it could exist only by virtue of positive state law. He argued that the federal government was not empowered by the Constitution to create slavery anywhere and that when an enslaved person leaves the jurisdiction of a state where slavery is legal, he ceases to be a slave; he continues to be a man and leaves behind the law that made him a slave. In this and similar cases, the court ruled against him, and the judgment against John Van Zandt was upheld.[citation needed]
As Chief Justice, Chase also presided at the impeachment trial of U.S. President Andrew Johnson in 1868. As the justice responsible for the 4th Circuit, Chase also would have been one of two judges at the trial of Jefferson Davis (who was imprisoned at Fort Monroe in Virginia), because trial for major crimes such as treason required two judges. However, Davis's best defense would be that he forfeited U.S. citizenship upon secession, and therefore could not have committed treason. Convicting Davis could also interfere with Chase's presidential ambitions, described below. After the passage of the 14th Amendment in 1868, Chase invited Davis's lawyer to meet with him privately, and explained his theory that Section 3 of the new Amendment prohibited imposing further punishment on former Confederates. When Davis's lawyer repeated this argument in open court, Chase dismissed the case, over the objection of his colleague, U.S. District Judge John Curtiss Underwood, and the government chose not to appeal the dismissal to the U.S. Supreme Court.[40]
Chase sought the Republican nomination for president in the 1860 presidential election, but the party chose Abraham Lincoln at its National Convention. After Lincoln won the election, he asked Chase to serve as Secretary of the Treasury. Chase served in that position from 1861 to 1864, working hard to ensure the Union was well-financed during the Civil War. Chase resigned from the Cabinet in June 1864, but retained support among the Radical Republicans. Partly to appease the Radical Republicans, Lincoln nominated Chase to fill the Supreme Court vacancy that arose following Chief Justice Roger Taney's death.
To honor Chase for introducing the modern system of banknotes, he was depicted on the $10,000 bill printed from 1928 to 1946. Chase was instrumental in placing the phrase "In God We Trust" on United States coins in 1[864.[33]
For his defense of people arrested in Ohio under the Fugitive Slave Act of 1793, Chase was dubbed the "Attorney General for Fugitive Slaves."[12] His argument in the case of Jones v. Van Zandt on the constitutionality of fugitive slave laws before the U.S. Supreme Court attracted particular attention. Chase contended that slavery was local, not national, and that it could exist only by virtue of positive state law. He argued that the federal government was not empowered by the Constitution to create slavery anywhere and that when an enslaved person leaves the jurisdiction of a state where slavery is legal, he ceases to be a slave; he continues to be a man and leaves behind the law that made him a slave. In this and similar cases, the court ruled against him, and the judgment against John Van Zandt was upheld.[citation needed]
As Chief Justice, Chase also presided at the impeachment trial of U.S. President Andrew Johnson in 1868. As the justice responsible for the 4th Circuit, Chase also would have been one of two judges at the trial of Jefferson Davis (who was imprisoned at Fort Monroe in Virginia), because trial for major crimes such as treason required two judges. However, Davis's best defense would be that he forfeited U.S. citizenship upon secession, and therefore could not have committed treason. Convicting Davis could also interfere with Chase's presidential ambitions, described below. After the passage of the 14th Amendment in 1868, Chase invited Davis's lawyer to meet with him privately, and explained his theory that Section 3 of the new Amendment prohibited imposing further punishment on former Confederates. When Davis's lawyer repeated this argument in open court, Chase dismissed the case, over the objection of his colleague, U.S. District Judge John Curtiss Underwood, and the government chose not to appeal the dismissal to the U.S. Supreme Court.[40]
Chase sought the Republican nomination for president in the 1860 presidential election, but the party chose Abraham Lincoln at its National Convention. After Lincoln won the election, he asked Chase to serve as Secretary of the Treasury. Chase served in that position from 1861 to 1864, working hard to ensure the Union was well-financed during the Civil War. Chase resigned from the Cabinet in June 1864, but retained support among the Radical Republicans. Partly to appease the Radical Republicans, Lincoln nominated Chase to fill the Supreme Court vacancy that arose following Chief Justice Roger Taney's death.
It boggles the mind that this one man did so much damage. The constitutional issues being addressed now are the remnants of issues that should have been resolved 150 years ago.
Chase's decisions are illustrative of the consistent moral terpitude which has characterized radical republicans for forever. His objection to slavery referred not to the Rights of Man but instead laid the foundation for originalists like Scalia by saying the Constitution doesn't explicitly give permission to enslave.
And then he turned around, cut Jeff Davis free and ignored the incompetence of the Johnson administration during Reconstruction. There are lessons to be learned there.
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Am curious whether there will be inconsistencies addressing the border issue.
limbicnuminousity
Feb 2024
#14
You need proof of an insurrection, we have almost 24 hrs of documentation he created one.
Bluethroughu
Feb 2024
#5
It seems like SCOTUS's lame excuse is that they don't want some states using the 14th Amendment, sec. 3, to
LaMouffette
Feb 2024
#15
Thanks for clearing that up for me, Caliman73! I feel at this point that every American is an injured party from the
LaMouffette
Feb 2024
#50
Tell all the states that Trump carried out an insurrection and can't be on ANY ballots???
Polybius
Feb 2024
#30
Federal and State judges convicted or kicked off people on ballots for insurrection
Bluethroughu
Feb 2024
#36
My (barely informed) opinion is they will keep him on the ballot and not by a 6-3 decision. Perhaps
kelly1mm
Feb 2024
#28
IMO it was pretty obvious from their questions that they were looking for a way...
brush
Feb 2024
#31
Yes, if they rule to keep him on, it's another nail in the coffin of our Democracy.
Bluethroughu
Feb 2024
#40
I listened to the entire hearing. It sounds like Trump will be on the ballot. Vote.
Joinfortmill
Feb 2024
#33