this post was submitted on 08 Jan 2025
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I feel called out.
Sadly, I have that John Nash thing where my brain notices connections and correlations (spurious relationships? dunno!) but without all the cool game-theory math skills.
WARNING: Fringe Hypotheses Ahead! πΆπΈπ½π§¬
A recent one is the interaction between Trump's state of being an insurrectionist (according to a commission and some legal entities and not denied by SCOTUS) and the insurrectionist clause of the fourteenth amendment to the Constitution of the United States.
As things are SCOTUS has suggested (in dicta) it's up to congress to legislate action to block Trump's presidency if they want to, that the insurrectionist clause is not self-executing.
What this opinion doesn't do is change Trump's status as an insurrectionist. Nor does it rule the 14th amendment doesn't apply, only that congress is required to pass legislation to make it happen.
This means members of the public and government workers might decide among themselves President Trump is not legitimate. After all, the January 6th Commission presented an ironclad case he committed treason against the US, and the 14th amendment is in effect.
And this could be useful when the Trump Administration gives orders that are contrary to the duties of the department, or are unethical. Say if the DOD is ordered to put down public protests against current policy, or the Department of Education is told to disband.
And Then if SCOTUS can neuter 14-3 (the insurrectionist clause) by insisting congress has to enforce it, they can also neuter 14-1 (the birthright citizenship clause) the same way, maybe even insisting each person born of foreigners on US soil has to be given citizenship by legislation. Trump is particularly interested in killing 14-1.
In fact, this suggests the US Supreme Court can reinterpret any part of the Constitution of the United States by adding further obligations to assure it is enforced. And this puts SCOTUS above the Constitution.
Will anything come of this? Dunno. Could be nothing. Could lead to civil war.
I mean I'm mad so take my ideas with that consideration. π°π©π«βοΈ