• ShittyBeatlesFCPres@lemmy.world
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    10 months ago

    The whole “he has to be convicted of insurrection” argument isn’t even the precedent. IANAL but Jefferson Davis and Robert E Lee weren’t even tried. Presumably the people who wrote the amendment would have had insurrection trials for Confederate officers and prominent politicians if they thought it was required to ban them from holding office. (Instead, they pardoned a lot of those people.)

    I mean, obviously, I’m not naive. The current SCOTUS will find a way to allow Trump to run. Originalists abandon originalism whenever it’s convenient.

    • partial_accumen@lemmy.world
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      10 months ago

      The whole “he has to be convicted of insurrection” argument isn’t even the precedent.

      Even more important, the 14th Amendment says nothing about a requirement of conviction for the person to be excluded for eligibility because of insurrection. Specifically mentioning “conviction” as a requirement is used elsewhere in the Constitution for other things (impeachment as an example), so its not on the concept is foreign to the document.

    • Ultraviolet@lemmy.world
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      10 months ago

      States are free to run their elections however they want, as long as they end up sending the correct number of electors to DC. You’d think the “states rights” crowd would know and support that.

    • billwashere@lemmy.world
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      10 months ago

      The whole thing is kinda silly anyways since the primaries aren’t “real” elections. The RNC can pick any candidate they want regardless of the outcome of the primaries. They make their own rules so that can change them to whatever they want. For example because Trump has been removed from the ballot in Colorado (including as a write-in), the GOP is likely to petition the RNC to allow them to caucus, which is way less formal and more chaotic in my opinion, but is a loophole since there is no ballot.

      Of course this all depends on what SCOTUS does with respect to the 14th amendment. Even that is kinda sketchy since, like you said, there have been candidates removed from ballots that were not convicted let alone even tried. Although Congress posthumously lifted the disqualification from Lee in 1975, and Davis in 1978. There was one candidate removed but he was actually convicted, a Victor Berger from Wisconsin. But even that conviction was overturned by SCOTUS and he later ran and won. I guess you could say no one really has the balls to test it properly.

      • ShittyBeatlesFCPres@lemmy.world
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        10 months ago

        The Victor Berger from Wisconsin one is so ridiculous. He engaged in no violent insurrection. But he was a socialist and published editorials. They tried to use the “given aid or comfort to the enemies” part to ban him from Congress

        Honestly, I wish there had been trials and stuff during reconstruction.

    • DogWater@lemmy.world
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      10 months ago

      This is what I am trying to find out about for myself. Does he need to be convicted of something somewhere? I was just looking for info about this yesterday and all I can find is Jack Smith and Colorado stuff. I care about 14th amendment stuff because nothing else matters.

    • Fester@lemm.ee
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      10 months ago

      Even in solid red or blue states, there’s always 15-40% that consistently vote the other way. Maybe not in bumfuck county specifically, but overall throughout any given state, there’s at least 1-in-6 people who probably never vote Republican at worst, and more than 1-in-3 at best. That’s a lot of people.

      Louisiana does look especially bad though - worse than being a Democrat in TX or FL even.

  • Verdant Banana@lemmy.world
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    10 months ago

    great

    now we will only have one option on the ballot to vote for depending on who my state supports meaning sometimes a person will get to vote between one candidate

    how is only having biden or trump or both on the ballot dependent on what your state decides democracy

    biden had a third party candidate chained to a chair so she could not debate with him

    https://www.democracynow.org/2012/10/17/green_partys_jill_stein_cheri_honkala

    but only trump is a terrible idea

      • Verdant Banana@lemmy.world
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        10 months ago

        not allowed to vote like some others because of policies and laws written by politician’s over the coarse of their careers such as biden trump obama and many others that helped contribute

        and the states now will dictate who is on the ballots now more than ever or not

        where is the choice not even an illusion of one anymore

        • ashok36@lemmy.world
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          10 months ago

          The Republicans were the ones on the union side. Republicans wrote the 14th amendment. Republicans ratified it.

      • EatATaco@lemm.ee
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        10 months ago

        Seriously Obama is not able to run again due to constitutional restrictions, where are these people complaining about that? All of a sudden applying constitutional restrictions to candidates is some huge violation of ou democracy.

    • neptune@dmv.social
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      10 months ago

      Start a party. Run yourself. It’s not some act of nature that only Biden and Trump are viable candidates

    • EatATaco@lemm.ee
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      10 months ago

      You linked to someone being arrested for violating the law, by a group controlled by dems and reps, and without any evidence claimed that Biden had her arrested. Stfu with your lies.

    • 5in1k@lemm.ee
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      10 months ago

      He broke a law that says he’s now disqualified. I don’t care if he’s people’s choice he did it to himself.