part of the problem here is that the constitution doesn’t actually recommend removing people from ballots. we’re in uncharted waters here. Though I agree, remove trump from the ballot.
the feds won’t do it because the feds don’t run elections. Every state decides whose on the ballot. It’s literally not the fed’s job to do it, and never was
Interesting thought. So in any state that includes Trump on the ballot, a party should put forward a 30-year-old (legal) recent immigrant as a presidential candidate. Either they would need to put the candidate on the ballot whether they are ineligible or not, or remove Trump (or be shown for their double standard).
For the primary ballot? Certainly not. It’s not their purview. And in any case they’ve only got a few days to make that determination- many states are rapidly closing in on when the ballots need to be finalized so they can be printed and distributed.
Most likely, SCROTUS is waiting until after the regular election to see if such a ruling is even necessary.
I would argue that the constitution not only recommends Trump be removed from the ballot. It almost requires it.
The constitution explicitly states that people like Trump who participated in an insurrection are ineligible for office. This is similar to other requirements for the office. For example, you must be a natural citizen over 35 years old, etc.
Constitutionally, each state chooses how to run their own elections. However, that freedom does not give them the power to go against the other parts of the constitution.
Traditionally, states will not put people on presidential ballots who do not meet the requirements to be president.
But do they have to do that? I would argue that the case with Trump proves that, going forward, they do have to exclude ineligible candidates for president. Because Trump is the first ineligible candidate who is leading in polls.
Every state election he might win is a constitutional crisis. Each state has the duty to follow the Constitution and ensure that Trump doesn’t win the presidency. The current method for doing this action is removing him from the ballot.
So…. You can point me to where the constitution actually says thst?
No? Okay. So it doesn’t say that.
It implies that. And yes, every state has historically kept ineligible candidates off the ballot. But nobody has contested this. Nobody has argued this in court. So now that it is a crisis, it’s going to the relevant courts.
That relevant court is the US courts- not the state courts like Mn. State courts are concerned with upholding their respective state constitutions, which probably say even less about it.
It’s really for SCOTUS to decide, and they’re not going to decide until it’s neccessary. Because they don’t want to set new precedent unless they have to.
The constitution is a legal document that has over 200 years of being interpreted by courts. Legally, it says a lot of things that it doesn’t explicitly say, and those things are the result of something called “arguments”.
In my comment, my first words were “I would argue that”. This is because I am making an argument that the constitution recommends Trump be removed from the ballot. You know, similar to how somebody made an argument that the constitution guarantees that people are allowed to marry between races, and so now that’s what it says. But you can’t point to the part where it explicitly says it.
If I meant, “the constitution explicitly states that”, then I would have used that language, instead. You can tell that by the way I used that exact language in my second paragraph.
You know, similar to how somebody made an argument that the constitution guarantees that people are allowed to marry between races, and so now that’s what it says. But you can’t point to the part where it explicitly says it.
In court, they made the argument in court. Which is now what they’re doing… yes?
I could just as easily argue that it says dipping french fries in frosties is illegal…. doesn’t make me right. (Who am I kidding fries+frosties is awesome).
For better or worse, this is the process we’re stuck with.
The point is there’s mk qualification of what is “insurrection”, etc, no process for fact finding or determining the legitimacy of the accusations and really no way to keep people from voting for the orange turnip anyhow.
We all “know” he incited an insurrection. We all know he’s ineligible. But this is an inconceivable and utterly novel legal territory here, people are going to have wonky takes.
Colorado came to a ruling after investigation; the courts heard the case and had a finding of fact.
that’s the process at work. I haven’t a clue what game Newsom is playing at. but honestly, I couldn’t be arsed after what he wants. It doesn’t really concern him all that much, really.
Had the Dems done an actual impeachment of Trump, called witnesses and the like, and got a conviction this question would already be answered around the nation. But the half assed it and now we’re here.
part of the problem here is that the constitution doesn’t actually recommend removing people from ballots. we’re in uncharted waters here. Though I agree, remove trump from the ballot.
It does say he’s not eligible and the feds won’t do it, now it’s left up to the states.
the feds won’t do it because the feds don’t run elections. Every state decides whose on the ballot. It’s literally not the fed’s job to do it, and never was
Are the states not also obligated to uphold the constitution?
the constitution only says he’s ineligible. It doesn’t say how to deal with that. It’s left it to the states to figure that out on their own.
It should be pretty clear by the definition of “ineligible.”
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Interesting thought. So in any state that includes Trump on the ballot, a party should put forward a 30-year-old (legal) recent immigrant as a presidential candidate. Either they would need to put the candidate on the ballot whether they are ineligible or not, or remove Trump (or be shown for their double standard).
Meaning SCOTUS won’t say if he’s ineligible or not.
For the primary ballot? Certainly not. It’s not their purview. And in any case they’ve only got a few days to make that determination- many states are rapidly closing in on when the ballots need to be finalized so they can be printed and distributed.
Most likely, SCROTUS is waiting until after the regular election to see if such a ruling is even necessary.
I would argue that the constitution not only recommends Trump be removed from the ballot. It almost requires it.
The constitution explicitly states that people like Trump who participated in an insurrection are ineligible for office. This is similar to other requirements for the office. For example, you must be a natural citizen over 35 years old, etc.
Constitutionally, each state chooses how to run their own elections. However, that freedom does not give them the power to go against the other parts of the constitution.
Traditionally, states will not put people on presidential ballots who do not meet the requirements to be president.
But do they have to do that? I would argue that the case with Trump proves that, going forward, they do have to exclude ineligible candidates for president. Because Trump is the first ineligible candidate who is leading in polls.
Every state election he might win is a constitutional crisis. Each state has the duty to follow the Constitution and ensure that Trump doesn’t win the presidency. The current method for doing this action is removing him from the ballot.
So…. You can point me to where the constitution actually says thst?
No? Okay. So it doesn’t say that.
It implies that. And yes, every state has historically kept ineligible candidates off the ballot. But nobody has contested this. Nobody has argued this in court. So now that it is a crisis, it’s going to the relevant courts.
That relevant court is the US courts- not the state courts like Mn. State courts are concerned with upholding their respective state constitutions, which probably say even less about it.
It’s really for SCOTUS to decide, and they’re not going to decide until it’s neccessary. Because they don’t want to set new precedent unless they have to.
The constitution is a legal document that has over 200 years of being interpreted by courts. Legally, it says a lot of things that it doesn’t explicitly say, and those things are the result of something called “arguments”.
In my comment, my first words were “I would argue that”. This is because I am making an argument that the constitution recommends Trump be removed from the ballot. You know, similar to how somebody made an argument that the constitution guarantees that people are allowed to marry between races, and so now that’s what it says. But you can’t point to the part where it explicitly says it.
If I meant, “the constitution explicitly states that”, then I would have used that language, instead. You can tell that by the way I used that exact language in my second paragraph.
In court, they made the argument in court. Which is now what they’re doing… yes?
I could just as easily argue that it says dipping french fries in frosties is illegal…. doesn’t make me right. (Who am I kidding fries+frosties is awesome).
For better or worse, this is the process we’re stuck with.
Why would anyone keep an ineligible candidate’s name on the ballot?
Dunno.
Because they’re idiotic sycophants?
The point is there’s mk qualification of what is “insurrection”, etc, no process for fact finding or determining the legitimacy of the accusations and really no way to keep people from voting for the orange turnip anyhow.
We all “know” he incited an insurrection. We all know he’s ineligible. But this is an inconceivable and utterly novel legal territory here, people are going to have wonky takes.
Is Gavin Newsom an idiotic sycophant? The article is about how he wants to keep Trump on the ballot.
Colorado begs to differ.
Colorado came to a ruling after investigation; the courts heard the case and had a finding of fact.
that’s the process at work. I haven’t a clue what game Newsom is playing at. but honestly, I couldn’t be arsed after what he wants. It doesn’t really concern him all that much, really.
Because there’s not a consensus that they’re ineligible.
That’s why we have judges.
There’s not a consensus among judges.
Had the Dems done an actual impeachment of Trump, called witnesses and the like, and got a conviction this question would already be answered around the nation. But the half assed it and now we’re here.