Madison Cawthorn RWNJ in the House

[Foggy]

Yeah, who runs MAGA, some Disgraced Loser Twice Impeached, or the white supremacists who put him there, huh?

[RTH10260]

Madison Cawthorn Lawyer Cites Confederate Amnesty Act To Defend Rep’s Job


By Matt Shuham
January 26, 2022 3:44 p.m.

A lawyer for Rep. Madison Cawthorn (R-NC) cited an 1872 congressional action granting amnesty to Confederate soldiers to defend his own client’s eligibility for office.

The argument from Cawthorn lawyer James Bopp Jr. came in response to a legal effort to have Cawthorn declared ineligible for office because he allegedly “encouraged, and upon reasonable suspicion helped aid, the insurrection” on Jan. 6.

The legal challenge, from a group of North Carolina voters backed by the organization Free Speech For People, alleges that Cawthorn violated the third section of the 14th Amendment, which states, “No Person shall be a […] Representative in Congress […] who, having previously taken an oath, as a member of Congress […] to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same.”

On the phone with TPM Wednesday, Bopp said “there are substantial constitutional defenses, which include the fact that Congress passed the 1872 Amnesty Act, which removed all persons whatsoever from the disability under Section 3 as a result of engaging in an insurrection or rebellion.”

Though the Amnesty Act applied at the time to Confederate soldiers who fought in the Civil War, nothing in the law prevented it from being applied in the future, Bopp argued.

“There’s nothing in the Amnesty Act that says it’s only applicable to the Civil War, and it was very broad in its terms,” he said.

Ron Fein, legal director for Free Speech For People, told TPM in a statement that “Mr. Bopp’s argument is contradicted by history and common sense.”



https://talkingpointsmemo.com/news/madi ... surrection

[raison de arizona]

IANAL, but if what Cawthorn's lawyer says is true, then what is the point of Constitutional Amendments? Does is really make sense that Congress can simply overrule them? I thought that was the whole deal, Congress wasn't allowed to overrule the Constitution, and if they did then the Supreme Court would slap them down.

[Gregg]

IANAL, but if what Cawthorn's lawyer says is true, then what is the point of Constitutional Amendments? Does is really make sense that Congress can simply overrule them? I thought that was the whole deal, Congress wasn't allowed to overrule the Constitution, and if they did then the Supreme Court would slap them down.

Yes, I have seen the rationale elsewhere that Congress in 1872 passed a law that cannot over rule the 14th Amendment and therefore at most could only apply to the the intended Civil War veterans it was passed for.

[raison de arizona]

In a new interview, Madison Cawthorn says Marc Elias is behind the efforts to disqualify him from office: “He’s got a real Napoleon complex .. he’s a real troubled man. He is trying to lash out and make his mark somehow.”

[Dave from down under]

IANAL, but if what Cawthorn's lawyer says is true, then what is the point of Constitutional Amendments? Does is really make sense that Congress can simply overrule them? I thought that was the whole deal, Congress wasn't allowed to overrule the Constitution, and if they did then the Supreme Court would slap them down.

I asked the all knowing ever accurate wiki..

The Amnesty Act of 1872 was a United States federal law passed on May 22, 1872, which reversed most of the penalties imposed on former Confederates by the Fourteenth Amendment, adopted on July 9, 1868. Section 3 of the Fourteenth Amendment prohibited the election or appointment to any federal or state office of any person who had held any of certain offices and then engaged in insurrection, rebellion, or treason. However, the section provided that a two-thirds vote by each House of the Congress could override this limitation in the case of specific individuals or groups of people. The 1872 act was an instance of this use and was passed by the 42nd United States Congress. The original restrictive Act was passed by the United States Congress in May 1866.[1]

Specifically, the 1872 Act removed office-holding disqualifications against most of the secessionists who rebelled in the American Civil War, except for "Senators and Representatives of the thirty-sixth and thirty-seventh Congresses, officers in the judicial, military, and naval service of the United States, heads of departments, and foreign ministers of the United States."[2]

In the spirit of the act, then United States President Ulysses S. Grant, by proclamation dated June 1, 1872, directed all district attorneys having charge of proceedings and prosecutions against those who had been disqualified by the Fourteenth Amendment to dismiss and discontinue them, except as to persons who fall within the exceptions named in the act.[2] President Grant also pardoned all but 500 former top Confederate leaders.

The 1872 Act affected over 150,000 former Confederate troops who had taken part in the American Civil War.

Importantly, the 1872 Act did not invalidate or remove Section 3 of the amendment, as Congress cannot change the Constitution with a simple statute like the 1872 Act.

[raison de arizona]

Got it. So all he needs is 2/3rds of the House and Senate to vote for him.

Not that anything will come of this. Just...not a great defense.

Cawthorn takes his foreign policy advice from tfg.

[RTH10260]

Mr Cawthorn, you will forever remember the day when a former doubly impotus will say he hardly knew the Madison guy...

[Dave from down under]

Mr Cawthorn, you will forever remember the day when a former doubly impotus will say he hardly knew the Madison guy...

If we are to start the Underbussing pole again... I'd vote Madison then Jnr...

[raison de arizona]

.@CawthornforNC thinks members of Congress should settle their differences with fights instead of debates:

“In Brazil…there were two representatives who had a disagreement, so they got in an octagon and had a UFC fight.”

“I would sign up right away.”

[Gregg]

.@CawthornforNC thinks members of Congress should settle their differences with fights instead of debates:

“In Brazil…there were two representatives who had a disagreement, so they got in an octagon and had a UFC fight.”

“I would sign up right away.”

In single combat, he who is challenged is given choice of combat. I choose a foot race.

[tek]

Hell, I'd choose a spelling bee.

[Jim]

Hell, I'd choose a spelling bee.

American History.

Either he'll show his ignorance, or he'll show he's been lying all these years.

[Estiveo]

The only physical confrontation type skill he's ever exhibited is tree slapping, and that was one single bout that ended in a draw only because the tree was rotting and he wore reinforced tree-slappin' gloves; otherwise the tree woulda won it on points.

[Gregg]

The only physical confrontation type skill he's ever exhibited is tree slapping, and that was one single bout that ended in a draw only because the tree was rotting and he wore reinforced tree-slappin' gloves; otherwise the tree woulda won it on points.

I dunno, he beat the shit out of a Dodge Charger once.

[Resume18]

.@CawthornforNC thinks members of Congress should settle their differences with fights instead of debates:

“In Brazil…there were two representatives who had a disagreement, so they got in an octagon and had a UFC fight.”

“I would sign up right away.”

What happens when his opponent tips him out of his wheelchair, cuz that's the first thing they're gonna do. Or am I missing something?

[Frater I*I]

What happens when his opponent tips him out of his wheelchair, cuz that's the first thing they're gonna do. Or am I missing something?

He'll form up Crippletron....

[raison de arizona]

Cawthorn has been caught at least four times carrying a "combat knife" illegally into a school, he'll cut you if you try to tip him!

Right-wing Congressman Madison Cawthorn has been accused of bringing a weapon to another education facility — the fourth in a month — despite outcry from political opponents and a warning from law enforcement.

https://www.citizen-times.com/story/new ... 437874002/

[pipistrelle]

Overcompensating on a bigly scale.

[raison de arizona]

He really is a bum.

[tek]

misspelled "Trump"

[Uninformed]

They say brain injuries can go unnoticed after a serious accident, especially by the recipient.

[Tiredretiredlawyer]

A bully by any other name....

[AndyinPA]

In the actual House.

[raison de arizona]

In the actual House.

That's what really got me.