Sunday, November 26, 2023

Unconstituional

 Most of your everyday laws can be decided by a court. Or Judge Judy. But when things get really hypothetical, you want an experienced panel of jurists to listen to the case. 

Like this past week when a Colorado District Court ruled that the former game show host, the one with ninety-one charges currently pending against him, could not be taken off the ballot in this coming year's presidential election. The plaintiffs in the case were suggesting that the bloated orange sack of protoplasm had violated the 14th Amendment.  The 14th Amendment prohibits someone from holding “any office … under the United States” if they engaged in insurrection after taking an oath as “an officer of the United States” to “support” the Constitution. The judge ruled last Friday that Trump had engaged in insurrection by inciting the Jan. 6, 2021, Capitol riot, but the judge tossed the lawsuit by finding the 14th Amendment doesn’t apply to the presidency.

Kind of your basic "good news - bad news" situation. Both sides have decided to appeal. Because there are still higher courts. Why not shoot for the top?

Speaking of courts and shooting, a Federal Appeals Court in Maryland struck down that state's licensing requirements for handgun owners. The law that was in place stated that an applicant for a handgun license must meet four requirements: They must be at least twenty-one years old, a resident of the state, complete a gun safety course and undergo a background check to ensure they are not barred under federal or state law from owning a firearm. Then they must fill out an application, pay a processing fee, and wait up to thirty days for a state official to issue a license. All of this seemed to be unconstitutional to the Appeals Court judge. Especially that whole waiting period. The decision read, in part, “the law’s waiting period could well be the critical time in which the applicant expects to face danger.”

It should be noted that this law was put into effect shortly after the massacre of school children in Sandy Hook. None of the victims were available for comment. Which doesn't sound unconstitutional. It just sounds tragic to me. But keep track of that ticket, because the appeals will keep coming. 

And coming.

And coming. 

Because that's constitutional. 

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