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this post was submitted on 08 Feb 2024
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Which is an absolute horseshit argument. Is it a violation of the rights of a 33 year old person to say he's constitutionally ineligible to be President?
No, because that's literally one of the conditions for office the Constitution requires.
There is no due process violation because there's no process at all- if you try to overthrow the government that is a prima facie disqualifier for being President. You don't have to be convicted, the same way you don't get convicted of being under 35 or convicted of not spending 14 years in the US.
To say otherwise means there's a lot of dead Confederates the US government owes an apology to.
The main shortcoming of that is that it's easily definable and determinable that someone is under 35yrs old, or hasn't lived in the US for 14yrs.
But the definition of participation in insurrection is a little more loosy-goosy, and then you have to be (legally speaking) explicit in what constitutes proof that a potential candidate has participated in such an insurrection. Otherwise it will devolve into anyone accusing the candidates they don't like of having participated in attempted insurrection.
To be clear, I'm not advocating that Trump should be allowed on the ballot or to be president, because he absolutely shouldn't. I'm just pointing out that it's not as simple as saying a candidate is younger than 35.
Yes, you're absolutely correct.
But Colorado already decided that. The court found, as a matter of fact and using previous judicial case law, that Trump does meet all of the requirements necessary for disqualification under the 14th. It's not just a single person choosing to keep Trump off the ballot.
Besides that, we literally have