Facts Matter - 14th Amendment

An Amicus Brief re Writ of Certiorari to the Colorado Supreme Court by 14Th Amendment experts

This Court should reverse on both grounds.

First, Griffin's Case settled the meaning of Section 3, is consistent with the longstanding sword-shield dichotomy in federal courts' jurisprudence, and reflects a core premise of reconstruction: Congress, and not the distrusted States, was empowered to enforce Section 3. 

Second, the four provisions of the Constitution of 1788 that use the phrase "Officers of the United States" do not refer to the President. And the Framers of Section 3 used that older, extant, limited language, in particular the Oaths Clause, and in doing so carried forward the meaning of "Officers of the United States" from that "old soil." In 1788, 1868, and today, "Officer of the United States" in the Constitution extends exclusively to appointed positions and not to elected positions.

In conclusion: Neither this brief nor any other submission in Trump v. Anderson provides a plausible originalist argument that Section Three prevents the people from choosing their president. (1)

(1) https://reason.com/volokh/2024/01/29/section-three-and-the-first-insurrection-that-wasnt/

https://www.supremecourt.gov/DocketPDF/23/23-719/295290/20240109145107356_23-719%20Amicus%20Brief%20Professors%20Barrett%20and%20Tillman%20Final.pdf

https://x.com/moxlosllc/status/1745430379173925266?s=46&t=Y4fVsDnz2q8uZ3VNKeco4A

Biden Dithering - Ukraine Suffering - Russia Winning

Biden continues his pusillanimous dithering that has only reluctantly provided Ukraine the minimal number and capability weapons to stop Russia from taking all of Ukraine but insufficient to expel the Russian invaders. 

• Took almost 2 years to ok jets that still are not there.
• Took 1.5 years to ok limited number of tanks that are just arriving.
• Limited number of long range artillery (ATACMS)
• Limited capability (range) of ATACMS provided
• Delayed providing HIMARS
• Delayed providing Patriots
• Delayed providing Howitzers
• Delayed providing short range air defense
• Tried to get Zelensky to leave 
• Stopped supplying anti-tank missiles

The dithering allowed Russia to build layered defensive lines and develop weapons and kill zones for the expected attack. 

The US would never attempt to attack without dominant airpower and significant usage of long range artillery. 

The result is that despite heroic bravery, the 2023 Ukrainian Offensive had limited success. Ukraine has lost large numbers of precious skilled fighters and Russia continues to destroy Ukraine. 

• Why did Biden/Obama allow Russia to invade Eastern Ukraine in 2014 with almost no consequences?
• Why is Biden dithering?

https://www.wsj.com/world/europe/ukraine-russia-war-counteroffensive-5b309595?reflink=integratedwebview_share

https://x.com/moxlosllc/status/1759597522278814182?s=46&t=Y4fVsDnz2q8uZ3VNKeco4A

Democratic Political Violence OK

Political violence is never ever acceptable. Unless of course it is the Democrat fomented BLM riots in summer of 2020 all based on the Democrat lies that blacks are shot by police disproportionately. 

https://x.com/moxlosllc/status/1743675683895759280?s=46&t=Y4fVsDnz2q8uZ3VNKeco4A

There was no insurrection

There was no insurrection 

Insurrection  - would require a Federal charge and conviction under USC 2383: Rebellion or Insurrection. To date no one related to Jan 6 has been charged with, let alone convicted, of this crime.

 

https://reason.com/volokh/2024/01/07/the-january-6th-riot-was-not-like-the-civil-war/

https://x.com/moxlosllc/status/1743677405607125476?s=46&t=Y4fVsDnz2q8uZ3VNKeco4A

Jobs - Not what you may hear

Despite the claims to the contrary the employment and jobs situation is not quite what you may hear.

First, there is still a problem of employment participation where we see a significant number of people that had yet to return to the workforce. 

Second are the claims of "record" numbers of jobs created. This claim is out of context and much less impressive than it may sound because it is distorted by the unusual number of jobs that were recovered, not created, after the pandemic shutdown. Trump "created" many more jobs per month than Biden "created" if you want to ignore the effect of the shutdown.

 https://x.com/moxlosllc/status/1743394528822694324?s=46&t=Y4fVsDnz2q8uZ3VNKeco4A

The Lies

Biden is projected to allow 11 million illegal immigrants into the US during his term. Most of these are claiming asylum even though there is no legal basis because they were in Mexico, a country from which one is not entitled to asylum. 

White House Press Secretary Karine Jean-Pierre was asked if any of the administration's policies contribute to the record number of border crossings. Her answer: "I have not seen any data that would show this.” it is inconceivable to believe this answer especially given the changes in policy the Biden administration has implemented.

The Biden Administration ended the remain in Mexico policy that Trump instituted that required asylum seekers to remain in Mexico until their claims were adjudicated. 

The Biden Administration has quit detaining illegal immigrants, which is required by law, and instead releases them with a promise to appear for a court hearing that is now many years in the future.

The Biden administration has waived laws to allow legal immigrants to obtain work permits.

The totality of these changes encourages many more people from around the world to illegally enter the United States. 

While I believe the United States needs a significant amount of immigration, I believe it should be legal immigration where we target engineers, scientists and entrepreneurs that want to embrace the meritocratic Judeo-Christian values. Allowing 11 million poor unskilled people from around the world will strain the social fabric of our society. 

https://x.com/moxlosllc/status/1743058749537779727?s=46&t=Y4fVsDnz2q8uZ3VNKeco4A

Bidenomics - Insane Interest Costs

With Bidenomics, we have seen the US interest costs essentially double adding ~2 Trillion dollars per year.  The fiscal situation of the US is unsustainable and Biden continues to ignore the problem and propose more spending.

 

Biden's Illegal Border

The Founders had three criteria for new immigrants: their qualifications; their assimilation; and their allegiance. Today, I have no clue what Biden's criteria or goals are.

To legally immigrate into the US is almost impossible unless you are a relative (8 year wait), employer sponsored or win a very limited lottery.

No doubt there are highly capable, hard working people throughout the world that want to integrate into US society with its freedom and norms. 

Tough luck!

On the other hand Biden continues to allow a porous border for illegal immigrants.

Biden’s border policies continue to be a mess, put many innocents at risk AND allow Mexican cartels to get rich. The latest Illegal Immigration data released show that Biden will allow almost 11 MILLION illegal immigrants into the US. And this doesn't count the "got aways," people crossing the border without being caught.

 

How is this fair to the many people throughout the world trying to legally immigrate to the USA?

I support immigration. A lot of immigration. But legal immigration, with a mix of merit based  (engineers, scientists, entrepreneurs, doctors, mathematicians, etc.) and opportunity-based (people who want to work hard, adopt American values, and get ahead).

https://x.com/moxlosllc/status/1740791050438857090?s=46&t=Y4fVsDnz2q8uZ3VNKeco4A

Stop the Madness

Even if you think the 14th Amendment applies to the Office of the President, which it doesn't because it that would potentially allow the equivalent of by-passing the impeachment process, and

even if you think the President engaged in insurrection or rebellion, or gave aid or comfort, neither of which has any person been charged or convicted of,

Section 5 of the 14th Amendment only gives enforcement power to the Congress: not the States, not a State, not a State Supreme Court or not even a State Secretary of State.

As much as I do not want Trump to be the Republican nominee, I think it is even more important to stop politicizing the judicial process.

In re Griffin - Section Three of the Fourteenth Amendment is not self-executing. That is, it cannot be enforced unless and until Congress enacts legislation that sets up an enforcement mechanism.

Congress enacted the Enforcement Act of 1870

One provision set up a mechanism by which federal attorneys could bring a civil action to remove from office a person alleged to be disqualified for engaging in insurrection or rebellion. (This provision was repealed in 1948.) 

The second provision authorized criminal prosecution of someone for knowingly accepting or holding office in violation of Section Three. This provision has evolved into Section 2383 in the current criminal code, which makes it a crime to engage in rebellion or insurrection against the United States and disqualifies anyone who does from holding federal office.

The federal government, which has painstakingly examined the events of January 6, has not charged President Trump with insurrection or even incitement

https://reason.com/volokh/2023/12/31/donald-trump-and-section-3-of-the-14th-amendment/

https://www.thefp.com/p/bill-barr-banning-trump-from-the

https://reason.com/volokh/2024/01/10/louisville-daily-journal-april-1868-the-president-is-not-an-officer-of-the-united-states/

https://reason.com/volokh/2024/01/09/amicus-brief-filed-in-trump-v-griswold-on-behalf-of-professor-seth-barrett-tillman/

https://www.supremecourt.gov/DocketPDF/23/23-719/295290/20240109145107356_23-719%20Amicus%20Brief%20Professors%20Barrett%20and%20Tillman%20Final.pdf#page13

https://x.com/moxlosllc/status/1740763483002564805?s=12

 

Neo-Marxist left will ruin America

As much as I want to hope that this country will regain its senses and return to what it used to be: meritocracy, fair, equal opportunity; I am worried it’s just gonna go downhill.

https://compactmag.com/article/the-rise-of-the-sectarian-university

https://www.grumpy-economist.com/p/conti-on-the-future-of-universities?utm_medium=email&action=share

Stop the nonsense

For everyone suffering from TDS that is celebrating the Colorado Supreme Court ruling you need to regain a modicum of logic and STOP THE NONSENSE. 

First, Section 5 of the Amendment gives only Congress the power to enforce the Amendment. Not the states or a state. “The Congress shall have the power to enforce,  by appropriate legislation, the provisions of this article.”

Second, it is obvious that the 14th Amendment does not apply to the President. This is obvious because if it did, it would be an alternative method to remove a President. If you ignore Section 5 then it would only take some court somewhere to decide a sitting President within Section 3 making them ineligible. Alternatively, if constrained by Section 5, a one party House and Senate with the help of a President of the same party could pass a law allowing only majority of Congress to to find future President within Section 3 . There’s nothing in the text nor history of the drafting of the 14th amendment that  Supports the view that it could be used to remove a president. 

Third, nobody, not any January 6 rioter, nor Donald Trump, has been convicted of, or charged with, insurrection or rebellion.

Stop the nonsense.

It is ludicrous to think you can allow a partisan state Supreme Court to determine that there has been an insurrection when there has been no charge or conviction of an insurrection and that such a determination can prevent someone from holding office. It would open the door to a range of claims such as: Kamala Harris provided aid and comfort to insurrection and rebellion when she bailed out violent rioters; or a state court arbitrarily and unilaterally claiming that not enforcing the law allowing millions of illegal immigrants is a rebellion, and invalidate Biden’s ability to be on a ballot. 

https://x.com/moxlosllc/status/1737674168349397443?s=46&t=Y4fVsDnz2q8uZ3VNKeco4A

Reparations would be unfair and crazy

 

Two of my grandparents immigrated to United States, while the other two were first generation immigrants. They all worked hard, encouraged education and Judeo-Christian values to help their descendants improve their lives in America. Neither my grandparents, my parents, or myself have been involved in or supported slavery.

This situation is similar to most Americans. 

Almost everybody today was raised an environment where their outcomes were dependent on their merits with equal opportunity to succeed or fail.

Having Americans give money to millions of people that were not slaves, whose parents were not slaves and whose grandparents were not slaves, is unfair and crazy as far as I’m concerned. 

https://x.com/moxlosllc/status/1737213622739226686?s=46&t=Y4fVsDnz2q8uZ3VNKeco4A

Old gray lady has fallen and can’t get up

The New York Times began in 1896 with the motto of  “all the news that’s fit to print without fear or favor.” It had become one of the world’s greatest newspapers referred to as the Old Gray Lady.

Today the New York Times has become a left-wing, progressive spin machine that refuses to even tolerate, let alone cover, any view that doesn’t fit their narrative.

The recent article by James Bennett, who was the NYT opinion page editor that was kicked out of the New York Times because he dared to allow an editorial that didn’t fit the Democrats’ neo-Marxist false narrative makes clear how far the Old Gray Lady has fallen. 

https://www.economist.com/1843/2023/12/14/when-the-new-york-times-lost-its-way

https://x.com/moxlosllc/status/1737167789096398919?s=46&t=Y4fVsDnz2q8uZ3VNKeco4A

Bidenomics-Trade Failure

The UK left the EU in large part to get out from under the extreme complex over-regulation of Brussels that stifles innovation and economic dynamism. 

Apparently Biden’s focus was more on helping unions and forcing the ill-conceived economic dislocations of his “green” policies over improving the life’s of US consumers. 

https://www.wsj.com/articles/us-uk-trade-deal-biden-administration-tariffs-5ea370bf?st=17hib7t9an8ur4w&reflink=article_copyURL_share

https://x.com/moxlosllc/status/1736942382665376005?s=46&t=Y4fVsDnz2q8uZ3VNKeco4A

King Biden Decrees

Biden proposes 776-page rule to replace a 2-page 1937 law regulating apprenticeship programs

Biden wants to impose onerous regulations on apprenticeships

to help labor unions and

advance its DEI policy

https://www.wsj.com/articles/department-of-labor-apprenticeship-rule-biden-administration-unions-ad7c7773?st=yi0qpnoxnc8llrr&reflink=article_copyURL_share

https://x.com/moxlosllc/status/1736939293719855223?s=12

2017 Corporate Tax Cut Worked

https://www.sciencedirect.com/science/article/abs/pii/S0304393219300753

https://x.com/moxlosllc/status/1736074735245537467?s=46&t=Y4fVsDnz2q8uZ3VNKeco4A

Texas went too far

 The Supreme Court ruled, rightly in my opinion, that restrictions on abortion are something that should be determined by the legislature of the states or of the country and not the Supreme Court. The foundation of the ruling was that unlike many of the individual’s rights questions that come before the Court, the question of abortion involves the potential rights of a second potential individual. 

With this ruling, there has been a flurry of activities of various states related to abortion restrictions. 

Some states like Texas have imposed tight restrictions. Some states have seen very strong turnout opposing tight restrictions or favoring limiting restrictions (e.g. Kansas, Ohio.) There are efforts to bring the abortion issue onto various state ballots. 

I believe this abortion question had been leveraged by Democrats in the 2020 and 2022 election cycles and will be continued to be leveraged by Democrats in the 2024 election cycle securing more votes from and for women concerned about their rights.

Ideally, the US legislature would develop a common sense approach, maybe similar to the European Union. However, this is highly unlikely because this issue can be used by the parties to motivate their potential voters. 

In the meantime, I can only hope that states quickly establish reasonable restrictions and this issue is removed from the ballot. 

Texas

Restricts all abortions unless a pregnancy places the female at risk of death or poses a serious risk of substantial impairment of a major bodily function. 

Florida

Restricts abortion after 15.9 weeks unless the abortion would save the life of or prevent serious injury to the mother or there is a fatal abnormality of the fetus.

(If the Florida Supreme Court rules the above is constitutional,  a contingent law comes into effect that restricts abortion: after 6 weeks 6 days unless the abortion would save the life of or prevent serious injury to the mother; after 26 weeks 6 days if there there is a fatal abnormality of the fetus; or, after 15 weeks 6 days if the pregnancy was result of rape, incest or human trafficking)

EU

With minor exceptions/variations between countries, restricts abortions after 12-14 weeks unless the abortion would save the life of or prevent serious injury to the mother. 

https://x.com/moxlosllc/status/1737273194539549077?s=12

To DEI or Not



DEI is a pernicious Democrat neo-Marxist movement threatening the tenets that made America great: meritocracy, equal opportunity, free speech and equal treatment. While the words diversity, equity and inclusion sound innocuous, in practice they mean diversity, except of thought, equity of outcomes,  not of opportunity and inclusion of perceived feelings, not of facts and logic. 

This movement has grown from the backrooms of Marxist study in liberal arts departments at universities to permeate all aspects of universities, corporations, government and k-12 education. This DEI movement puts individual characteristics related to gender, ethnicity, nationality, political views or sexual orientation over merit when determining who should be given voice, preferences or advantages.

This movement stifles and cancels those who would disagree and speak publicly.  

This movement is destroying America by artificially dividing its citizens and fostering and encouraging a victim mentality and minimizing personal accountability and responsibility. 

Recently, catalyzed by events and resultant behaviors related to the October 6 massacre in Israel, there is a counter movement opposing DEI. A group of professors at the University of Pennsylvania have formed a group and started a petition to communicate and garner support for the elimination of DEI with universities. Their key position is that when hiring staff or admitting students factors of gender, ethnicity, nationality, political views, sexual orientation, or religious associations shall NOT be considered over merit. Their goal is to reestablish a foundation of education that was a key to America’s success: intellectual diversity and openness of thought, civil discourse, political neutrality, institutional neutrality, respect the scientific method, and respect and tolerance. 

I encourage everyone to read their vision and to sign their petition supporting their position. 

https://pennforward.com/

I don’t know if this is the beginning of the end of DEI or just a short term setback to it. I know that I think DEI is bad for our country and can only hope enough others understand what is really about and agree it needs to be stopped. 

https://lawliberty.org/an-honest-diversity-statement/

https://x.com/moxlosllc/status/1736008353493426334?s=46&t=Y4fVsDnz2q8uZ3VNKeco4A

https://x.com/moxlosllc/status/1742908468300755121?s=46&t=Y4fVsDnz2q8uZ3VNKeco4A

Bidenomics - another record - DEBT

Biden's spending and economic dislocation caused by his polices continue to unsustainable grow the debt and set records for non-pandemic deficits.

The Rich are paying more

THE CBO released their annual report on the distribution of household income 2020.  This includes all sources of income, taxes and transfers from government to households.  The key points:

1. The richest pay a larger share of income by far

2. The rich are paying an increasing proportion of income

3. The ratio of national taxes paid to national income earned is increasing for the rich.

https://www.cbo.gov/system/files/2023-11/59509-household-income_2019-2020.pdf

https://x.com/moxlosllc/status/1734608760822468640?s=46&t=Y4fVsDnz2q8uZ3VNKeco4A