Full Breakdown: Trump's 9-0 Win in Supreme Court
FULL TRANSCRIPT
well the Supreme Court just decided that
Donald Trump can indeed remain on the
ballot I'm going to go through some of
the core pieces of what the Supreme
Court and their unanimous decision said
and I'm also going to show you where
there was well let's just say um there
were some justices that were a little
poed at how far the court went in this
case uh first on ec.com I wrote down uh
some items uh where I thought and
predicted that Donald Trump would
probably win the Supreme Court case uh
and one of those had to do with officer
versus office of this just has to do
with the distinction between the fact
that can you run for office or as a
candidate or can you or is is the
section three of the 14th prevent you
from holding office and really the court
agreed that uh as an office you have to
resort to impeachment to prevent
somebody from being in that office and
there's nothing in the 14 that says you
can prevent somebody from running for
office we're going to see that in the
actual court documents remember section
three does specify elector of president
but it never actually talks about the
office of President uh it really gives
Congress that right a lot of this case
has to do as predicted with States
versus Federal rights there was no talk
about the first amendment really in this
so we left the First Amendment out of
this in the actual decision the disr
disenfranchising voters concern did come
up in the case section 2383 did come up
in the case Trump's statements did not
come up in the case and double jeopardy
did come up in the case so a lot of what
we kind of predicted this case on did
come up in the actual ruling and I want
to highlight some of the most important
components of this so the most important
components really come in
here the Supreme Court decides that
states May disqualifying people from
holding a state office but they say that
states don't actually have the power to
determine whether a federal candidate
can be on a federal ballot because it
would create too much of a patchwork of
uh results we'll get into how they break
that down in a moment but first they
make it very clear look States you can
decide how State elections are run but
and you could decide the rules for State
elections but you don't don't have the
power to decide how Federal elections
are run and this would be this really
goes back to small States versus big
States and federalism arguments remember
small states got the benefit of having
Senators every state gets two senators
big States through compromise got the
benefit of having Representatives
through the power of how much of a
population you have that was a
historical compromise uh and the Supreme
Court argues look let's just say that
you know Joe Biden today self- declares
he's an insurrectionist would states
have the power to actually remove Joe
Biden the answer is no only Congress can
do that through impeachment and remember
Donald Trump was already impeached but
he was not fully removed by the Senate
impeached in the house not removed by
the Senate they also argue if you're in
prison for a federal crime can a state
protect you and the answer is no a state
cannot they also make it clear that you
can't stop somebody from running for
office that people might claim that but
there's nothing in the 14th amendment
that says somebody cannot run for office
this is something we talked on over here
at EAC as it really breaks down the
prevention of section three is
preventing somebody from holding office
not running for office remember ec.com
I'll I'll throw up the actual annotated
text in a moment on eag.com so you can
get my whole breakdown here of the
ruling
uh and I throw all my research up on
that website just sort of as a free
compilation but anyway uh Congress has
the power to remove any
disqualification like let's say you're
an insurrectionist let's make it very
clear you're an insurrectionist and you
want to run for office can you yes if
Congress through a two-thirds vote says
you can but otherwise states don't have
the power to say no no no it's okay you
can and that becomes very important in
this ruling states have no power to
impede burden or in any manner
control the operations of constitutional
laws there's no federal precedent there
is State precedent but the lack of
federal precedent screams that this is a
constitutional issue at
heart and the Supreme Court rules on
constitutional issues the Supreme Court
then directly asked Colorado why did you
not bring up a case against Trump under
Section
2383 which would disqualify the
president uh or or really anybody
through an Insurrection claim and the
Supreme Court decided not to use or
sorry the the state supreme court or the
state of Colorado itself decided not to
use 2383 they punted why they didn't use
2383 Supreme Court didn't like that of
the United States said we already have
rules that exist that you could use and
now you're trying to create new rules
don't work that
way uh the Supreme Court is not aware of
any legislation that exists to enforce
Section 3 and there's nothing explicitly
that says states have any power in fact
section five of the 14th amendment gives
power specifically to Congress and the
whole 14th Amendment is designed to
limit the power of States so the 14th
amendment limits the power of states and
gives more power to Congress
so why would the Supreme Court here
interpret that the state should have
more power than Congress they see that
as implausible in fact they specifically
say the idea that states would have more
power than Congress is implausible via
this
section they also argue that there are
risk that states might apply the law
differently not because just maybe like
some states are going to be biased like
obviously there's going to be a
difference and bias between like a
California and an Arkansas but also that
different states might have different
procedures and stand standards some
states might require the preponderance
of evidence which is what use we use in
civil trials whereas others might use
the Reasonable Doubt standard which is
what we use in criminal cases since
there's no standard here you would end
up with likely a a patchwork or
nonuniform result of who could run for
office and you'd basically have a bunch
of different states putting different
people on the ballot and be a complete
disaster in addition to that we get the
double jeopardy argument that if someone
was allowed to remove someone from the
ballot in one state then let's say that
person becomes president it's entirely
possible the state could try to undo
that presidential seating and therefore
all of the work that President does
could come into question that'd be a big
problem now uh all nine members agreed
with this it was so order this was a
unanimous decision however the opinions
were not unanimous we did have uh Amy Co
con Barrett provide a a majority opinion
this was 54 split not in the actual
decision but in how the opinion was
written so five justices uh supported
the ruling as they made
it however four of them led by soda
mayor and Jackson argued that yes states
do not have the power to move somebody
from the ballot however they went as far
as saying you should not have a uh an
argument by the Supreme Court that says
hey look only Congress has the power to
enact the section uh a three terms
they're basically arguing hey you know
what look you know how there's a rule
that says you can only have a a
president who served for two terms and
after that the president can't run
anymore that's in the 22nd amendment we
don't have an extra law or case law that
says okay once you're passed two terms
you can't it's just enshrined in the
Constitution and so the minority here is
a little peeved that the Supreme Court
maybe went a little too far A little too
far maybe to the right to argue that uh
this this section three is so
steadfastly clear that states have no
power so if I were to just simplify this
let me make this very very simple I
would would say uh nine out of nine
justices said
States uh
cannot
remove uh people from
ballots all right people from fed
ballots okay that was nine out of nine
however five out of four said that
states have no
power uh via the Third
and four sorry four out of nine there we
go four out of nine said whoa whoo
whoo
um don't go that
far so they're kind of just like
preserving a little bit of like a hole
there in the longer term
future so that's it that is basically
what just happened here so uh you know I
mean I think this was pretty obvious but
I mean yes as predicted Donald Trump won
this you could say that in an unbiased
manner because the Supreme Court if you
listened to the hearing there was no way
you could have looked at that hearing
and said oh yeah uh Colorado's good
they've got a chance they really didn't
I've talked about that on the channel
numerous times so anyway that's my
summary thank you so much for watching
and folks we'll see you in the next one
goodbye and good luck
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