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Full Breakdown: Trump's 9-0 Win in Supreme Court

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well the Supreme Court just decided that

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Donald Trump can indeed remain on the

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ballot I'm going to go through some of

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the core pieces of what the Supreme

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Court and their unanimous decision said

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and I'm also going to show you where

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there was well let's just say um there

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were some justices that were a little

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poed at how far the court went in this

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case uh first on ec.com I wrote down uh

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some items uh where I thought and

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predicted that Donald Trump would

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probably win the Supreme Court case uh

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and one of those had to do with officer

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versus office of this just has to do

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with the distinction between the fact

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that can you run for office or as a

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candidate or can you or is is the

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section three of the 14th prevent you

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from holding office and really the court

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agreed that uh as an office you have to

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resort to impeachment to prevent

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somebody from being in that office and

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there's nothing in the 14 that says you

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can prevent somebody from running for

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office we're going to see that in the

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actual court documents remember section

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three does specify elector of president

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but it never actually talks about the

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office of President uh it really gives

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Congress that right a lot of this case

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has to do as predicted with States

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versus Federal rights there was no talk

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about the first amendment really in this

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so we left the First Amendment out of

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this in the actual decision the disr

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disenfranchising voters concern did come

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up in the case section 2383 did come up

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in the case Trump's statements did not

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come up in the case and double jeopardy

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did come up in the case so a lot of what

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we kind of predicted this case on did

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come up in the actual ruling and I want

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to highlight some of the most important

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components of this so the most important

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components really come in

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here the Supreme Court decides that

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states May disqualifying people from

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holding a state office but they say that

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states don't actually have the power to

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determine whether a federal candidate

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can be on a federal ballot because it

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would create too much of a patchwork of

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uh results we'll get into how they break

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that down in a moment but first they

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make it very clear look States you can

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decide how State elections are run but

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and you could decide the rules for State

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elections but you don't don't have the

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power to decide how Federal elections

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are run and this would be this really

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goes back to small States versus big

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States and federalism arguments remember

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small states got the benefit of having

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Senators every state gets two senators

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big States through compromise got the

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benefit of having Representatives

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through the power of how much of a

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population you have that was a

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historical compromise uh and the Supreme

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Court argues look let's just say that

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you know Joe Biden today self- declares

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he's an insurrectionist would states

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have the power to actually remove Joe

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Biden the answer is no only Congress can

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do that through impeachment and remember

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Donald Trump was already impeached but

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he was not fully removed by the Senate

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impeached in the house not removed by

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the Senate they also argue if you're in

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prison for a federal crime can a state

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protect you and the answer is no a state

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cannot they also make it clear that you

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can't stop somebody from running for

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office that people might claim that but

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there's nothing in the 14th amendment

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that says somebody cannot run for office

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this is something we talked on over here

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at EAC as it really breaks down the

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prevention of section three is

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preventing somebody from holding office

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not running for office remember ec.com

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I'll I'll throw up the actual annotated

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text in a moment on eag.com so you can

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get my whole breakdown here of the

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ruling

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uh and I throw all my research up on

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that website just sort of as a free

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compilation but anyway uh Congress has

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the power to remove any

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disqualification like let's say you're

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an insurrectionist let's make it very

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clear you're an insurrectionist and you

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want to run for office can you yes if

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Congress through a two-thirds vote says

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you can but otherwise states don't have

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the power to say no no no it's okay you

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can and that becomes very important in

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this ruling states have no power to

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impede burden or in any manner

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control the operations of constitutional

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laws there's no federal precedent there

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is State precedent but the lack of

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federal precedent screams that this is a

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constitutional issue at

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heart and the Supreme Court rules on

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constitutional issues the Supreme Court

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then directly asked Colorado why did you

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not bring up a case against Trump under

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Section

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2383 which would disqualify the

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president uh or or really anybody

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through an Insurrection claim and the

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Supreme Court decided not to use or

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sorry the the state supreme court or the

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state of Colorado itself decided not to

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use 2383 they punted why they didn't use

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2383 Supreme Court didn't like that of

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the United States said we already have

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rules that exist that you could use and

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now you're trying to create new rules

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don't work that

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way uh the Supreme Court is not aware of

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any legislation that exists to enforce

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Section 3 and there's nothing explicitly

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that says states have any power in fact

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section five of the 14th amendment gives

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power specifically to Congress and the

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whole 14th Amendment is designed to

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limit the power of States so the 14th

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amendment limits the power of states and

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gives more power to Congress

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so why would the Supreme Court here

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interpret that the state should have

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more power than Congress they see that

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as implausible in fact they specifically

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say the idea that states would have more

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power than Congress is implausible via

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this

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section they also argue that there are

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risk that states might apply the law

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differently not because just maybe like

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some states are going to be biased like

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obviously there's going to be a

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difference and bias between like a

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California and an Arkansas but also that

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different states might have different

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procedures and stand standards some

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states might require the preponderance

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of evidence which is what use we use in

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civil trials whereas others might use

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the Reasonable Doubt standard which is

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what we use in criminal cases since

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there's no standard here you would end

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up with likely a a patchwork or

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nonuniform result of who could run for

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office and you'd basically have a bunch

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of different states putting different

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people on the ballot and be a complete

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disaster in addition to that we get the

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double jeopardy argument that if someone

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was allowed to remove someone from the

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ballot in one state then let's say that

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person becomes president it's entirely

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possible the state could try to undo

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that presidential seating and therefore

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all of the work that President does

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could come into question that'd be a big

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problem now uh all nine members agreed

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with this it was so order this was a

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unanimous decision however the opinions

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were not unanimous we did have uh Amy Co

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con Barrett provide a a majority opinion

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this was 54 split not in the actual

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decision but in how the opinion was

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written so five justices uh supported

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the ruling as they made

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it however four of them led by soda

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mayor and Jackson argued that yes states

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do not have the power to move somebody

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from the ballot however they went as far

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as saying you should not have a uh an

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argument by the Supreme Court that says

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hey look only Congress has the power to

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enact the section uh a three terms

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they're basically arguing hey you know

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what look you know how there's a rule

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that says you can only have a a

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president who served for two terms and

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after that the president can't run

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anymore that's in the 22nd amendment we

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don't have an extra law or case law that

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says okay once you're passed two terms

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you can't it's just enshrined in the

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Constitution and so the minority here is

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a little peeved that the Supreme Court

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maybe went a little too far A little too

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far maybe to the right to argue that uh

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this this section three is so

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steadfastly clear that states have no

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power so if I were to just simplify this

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let me make this very very simple I

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would would say uh nine out of nine

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justices said

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States uh

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cannot

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remove uh people from

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ballots all right people from fed

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ballots okay that was nine out of nine

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however five out of four said that

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states have no

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power uh via the Third

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and four sorry four out of nine there we

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go four out of nine said whoa whoo

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whoo

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um don't go that

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far so they're kind of just like

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preserving a little bit of like a hole

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there in the longer term

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future so that's it that is basically

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what just happened here so uh you know I

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mean I think this was pretty obvious but

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I mean yes as predicted Donald Trump won

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this you could say that in an unbiased

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manner because the Supreme Court if you

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listened to the hearing there was no way

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you could have looked at that hearing

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and said oh yeah uh Colorado's good

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they've got a chance they really didn't

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I've talked about that on the channel

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numerous times so anyway that's my

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summary thank you so much for watching

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and folks we'll see you in the next one

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goodbye and good luck

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