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this post was submitted on 04 Mar 2024
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Time to violently storm the Supreme Court, then. After all, they approve.
Sorry, but this is absolutely a victory for democracy and what little structure our government still has. If the states were to be allowed to remove candidates from the ballot, you could kiss any chance of Democrat candidates showing up on red state ballots goodbye.
Except for the part where they punt to Congress as the sole arbiter of whether Trump engaged in insurrection. They absolutely know Congress won't get off its collective ass to enforce, because it's too broken to even pass a budget.
If a person cannot hold an office, they are typically also disqualified from running for said office, for exactly that reason. What would you do if an ineligible person won the election? That would be utter chaos.
Someone explained to me there is a procedure for an elected candidate who is ineligible actually wins the election.
If for any reason the president cannot carry out the duties of the office, it falls to the vice president. So you'd have to just skip the president and swear in his running mate.
It would still be utterly stupid, but surprisingly there is a process to handle the scenario.
They can't really sue to disqualify him in federal court because Congress hasn't defined any process to do so. They absolutely could if they wanted though. As of right now if I'm correct the only way to disqualify someone is if they're convicted of rebellion or insurrection under 18 U.S.C. § 2383 as it specifically lists it as part of the punishment. Or Congress could potentially disqualify someone directly by name -- it wouldn't necessarily be an illegal bill of attainder because it carries no criminal penalty.
More than anyone can imagine
That's a problem with Congress. That doesn't change the fact that we should not give Republicans a new route to undermine the voting process.
States have always had control over federal elections and candidate qualifications. That's been fundamental to American federalism since the very beginning.
It's not like oath-breaking is the only disqualifier, and states decide those too.
Call me old fashioned, but an outgoing president who falsely claims their challenger stole the election and incites their supporters to storm the capitol building should be barred from holding office again, Democrat or Republican.
I absolutely agree. But it's up to Congress to actually do that. That's the branch of government that has failed here.
How would they do that? Congress can’t actually charge someone with a crime. That’s why they wrote the 14th Amendment which spelled this out.
States remove candidates routinely. It's their constitutional right. Except with Trump for some reason.
For some Reason indeed.
Yup. He's getting special treatment. Again.
Do you have any examples of that? I'm certainly no expert in this subject, so I'd love to know more.
Abdul Hassan, 2012, Colorado. Disqualified by the state for not being a natural born citizen. Sued and lost. The ensuing opinion authored by then district judge Neil Gorsuch upheld the constitutional right and duty of states to bar ineligible candidates.