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this post was submitted on 04 Mar 2024
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States are generally free to decide their own candidates for State level elections.
Federal elections are subject to Federal law and the Federal Constitution. A State just deciding someone is disqualified based on their interpretation is both unconstitutional and incredibly stupid. It was always going to SCOTUS and it was always going to be decided this way.
Me, I don't want to live in a country where ANY level of government can just decide you are guilty of something without due process. And that's what these states tried to do. The mad downvoters lack critical thinking ability and are going off emotion.
This is all a moot point. Trump simply does not qualify.
It's just like he was 34.
He cannot hold that office. What the states do is irrelevant.
Trump got due process through the congressional investigation that found he engaged in insurrection with a bi partisan panel.
Nowhere does the Constitution even say due process is needed here.
This is not a punishment. Trump has no right to run for president.
He has to qualify.
He does not qualify.
You're right, the Supreme Court ruled.
Nine Justices disagreed. Final Answer.
Meaningless. It has to go to the entire House. And BTW...where is the evidence from that bipartisan panel? O right, it was deleted before the other party took control of the House. Nothing to see here.
You didn't look at the link, did you? There's a map that shows the number of presidential candidates on the ballot in each state. If the federal government was in charge of presidential candidates, wouldn't all those numbers be the same?
Not if they didn't file the correct paperwork (on time), pay the necessary fees, and I believe, have enough qualified signatures is each state in which you want to appear on the ballot.
Making the argument that a state can otherwise disqualify because they believe you are guilty of insurrection is now moot. 9-0.
So states do have the right to set requirements to be on their ballot for a federal election in their state?
Yes, as long as the requirements are uniform in every state and don't discriminate against any particular candidate. SCOTUS affirmed that last part today.
They're not uniform. That's the whole point of my post.
You just won my argument for me. Those are all state rules limiting who can be on a ballot. The state used to make the rules, now it seems there are no limitations whatsoever.
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I'm neither a Constitutional scholar nor a lawyer. I'll go with Marbury v Madison as who gets to decide those finer points.
And they decided 9-0.
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Not federal ballots.
Except a state tried here and got slapped down 9-0. Seems to me it was deemed unconstitutional by the folks that decide that sort of thing.
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Lol. It's ok to disagree with the decision. It's ok to be mad at the decision. It's ok to internet argue the constitutionality of the decision. All of it makes this >< much difference. Trump will be on the ballot, will be the nominee, and will be absolutely crushed by the most popular president in history. I don't know why anyone is worried.
States have been doing this for 232 years. It is wild that it's suddenly now not Constitutional. Especially when the Constitution has this to say on the matter.
So what law is there?
And why the fuck is SCOTUS inserting itself into the electoral process again? It's not mentioned anywhere in that section for a reason. If SCOTUS can influence elections then they can influence appointments and regulations about them, which makes the entire checks and balance system a dead letter.
They’re going off of the lack of due process and any hope that his crimes will be answered for.
Legally, it’s this but actually it’s that. The court can argue its points, if they survive. Meanwhile has anyone seen the unredacted Mueller report yet? No? No one? Hmm. HOW STRANGE. Legally, the courts are fine with that too, though.
Trump’s process is going to come due, and we’d all prefer it be on live tv.
I'm still waiting for the Epstein list.