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this post was submitted on 07 Jan 2024
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politics
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Obama isn't eligible to run for President because he already served 2 terms. It doesn't need to go to court - he's automatically disqualified. Same thing applies to insurrection, which is why convictions were not required after the Civil War to bar Confederates from holding office.
And if Obama tried to run, he'd be rightfully barred from the ballot until he could prove his legal theory on why the law doesn't apply to him.
Same thing for Trump.
With Biden there's no existing law barring him from running. He hasn't taken part in an insurrection or served 2 terms. He isn't under 35 and isn't foreign-born. There's literally no constitutional justification for keeping him off the ballot.
With Trump there is.
Many laws are self-executing without the need for a conviction.
If you get drunk, you're not allowed to drive just because you haven't been convicted of having consumed alcohol. By being drunk you're automatically barred from driving, and it's 100% legal and proper for the state to prevent you from driving before you get behind the wheel.
A firearm salesman can't sell a weapon to someone if they know they smoke weed, even if there's never been a drug conviction. In fact, the salesman can be arrested for knowingly selling to a drug user even if there's no proof of drug use.
A tradesman can lose their state license for without ever having the police or the courts involved if they perform dangerous work or work knowingly without permits.
An attorney can be prohibited from practicing law without having been convicted or even being charged with any crimes.
And an act of insurrection automatically disqualifies someone from being an officer of the United States. It's self-executing and always has been in both the language of the law and in actual use.
Yes, but if you get pulled over for drunk driving, you don't get to continue driving home while awaiting the conviction. They can stop you from driving because the prohibition on driving while intoxicated is self-executing.
What requires a court process is the punishment for refusing to obey that restriction.
Donald Trump is drunk and Colorado and Maine are saying he's not allowed to drive.
Colorado Judge ruled Trump committed insurrection. That's as much due process as is needed. He's been found guilty.