One other thing I have been wondering about, so I might as well drop it here.
Since Section 3 of the 14th Amendment applies to people who have taken an oath to support the US Constitution that also “give aid or comfort” to those who engage in insurrection against the government, wouldn’t that apply to both Ron DeSantis and Nikki Haley if they pledge to pardon those convicted on Jan 6 crimes? I would expect those being incarcerated, as well as those who have already served their sentences, being comforted by a candidate offering them a pardon. If so, wouldn’t such pledges disqualify them for the office of President, too.
Jesus H Christ. You either are for the constitution and laws or you are not.
14th amendment clearly states that an exception to the requirements of Pres are ok if 2/3 of the house and senate approve it. So, ya wanne be a 34 year old Chinese born insurrectionist, knock yourself out if you can get 2/3 of congress critters to go along with it.
Let voters decide? Well, vuck me dead, 2016 and 2020 the popular vote went against trump. I didn’t read in the constitution that third time’s a charm.
If Trump isn’t and insurrectionist, who is? Months before the election trump said he would not accept the results if he didn’t win, then after losing did the false electors, called election officials to “find” missing votes, none of his proxies won any of the law suits, no credible evidence of jewish space lasers via Venezuela flipping voting machines has surfaced, ad nauseum.
Trumpies will revolt. So, fucking what? We should roll over and give in to anti constitution insurrectionists 'cause appeasing bullies is better that standing up to them?
Enoloments clause doesn’t mean shit?
If anything a President does contains a “get out of free card”, then Joe Biden should do us all a solid and shoot the motherfucker at the first debate and finish this charade once and for all.
Dunno about you, but the America I grew up in, contained the basis that “no one is above the law, including the President.”
The Supremes can rule about the legality of Colorado’s State laws, but the 14th clearly states that exections are the purview of 2/3 of congress.
The idea that the amendment does not apply until there is a conviction doesn’t, at least for me, pass the smell test. If the authors of that amendment intended for that to be the case, then they would have clearly stated *upon conviction". They used a different term. Trump engaged in insurrection; therefore, the amendment applies to him.
I am not as concerned about hypotheticals for something in the future. Trump has clearly been involved in insurrection, and as correctly pointed out, the clear language of the 14th does not require a conviction.
And in such an event in a State, the Supremes rightfully could step in with a ruling.
We do have a system of checks and balances, with a federal system, triparte branches of government, the voters, ad nauseum. Colorado says our state constitution doesn’t cotton insurrection, and the Supremes can rule ya or nay that Colorado has decided properly according to the State constitution. And Justice Gorsch can go on record supporting his multiple previous support for the the supremacy of States Rights. Or he can go on record flipping for Trump.
That said, the 14th clearly states there is a legislative path for 2/3 of both houses to grant an exception. And if both houses want to go on the record that even though he is an insurrectionist, we support Trump being on the ballot, then that is true to the constitution of the US of A. BUT, the Supremes are constitutionally not able to make that call, only the legislative branch is. Good luck threading that needle Justice Thomas.
Well, this isn’t something new that has just come up. Obama had to deal with people trying to say he wasn’t eligible.
If Republicans can find some means by which to say Joe Biden isn’t eligible, they will absolutely use it. It’s not something they are holding in reserve to be used solely in cases of revenge.
I say keep him off. He instigated the insurrection and is still on trial in multiple states. If we don’t allow felons to vote, why should one be allowed to run for President?
I agree that he’s effectively a felon since he quite blatantly committed felonies. Overwhelming evidence shows this.
But from a technical/legal perspective he hasn’t been convicted so isn’t a felon.
Also, being a felon, even an incarcerated one doesn’t disqualify you from serving as POTUS. I wouldn’t oppose laws adding such a disqualification but they aren’t there yet.
Just quoting this as a reminder of where the efforts to keep TFG off the ballot are coming from: Republicans. Republicans are trying to keep him out of their primary elections, as well they should IMO. That hasn’t of course stopped TFG or his supporters from pinning the blame squarely on the Democrats and the ‘Biden Crime Family’.
We let felons vote. For most states felony disenfranchisement only lasts during the term of incarceration or incarceration and probation. Only two states more or less effectively prohibit felons from voting by requiring an individual petition to the state’s governor to restore voting rights. In two other states, there is no felony disenfranchisement at all, and felons can vote while imprisoned via absentee ballot.