States have always had that power. Whether its age, naturalization, or oath-breaking, it’s never been up to the federal government to decide disqualification.
Now they do not, as outlined by the supreme court this morning. You can disagree with the ruling all you want, but that doesn’t make the premise that “the SC has no problem with insurrectionist behavior!” any less stupid. It’s a fallacious premise.
That is what is known as “sarcasm”. I wasn’t sincerely calling for violence against the Supreme Court, but rather drawing attention to their hypocrisy.
it’s never been up to the federal government to decide disqualification.
It’s up to Congress to decide if someone is guilty of federal insurrection, not the states.
Edit: I see the downvotes, but I don’t see replies. I thought this was a place for reasoned debate, but it’s as bad as r/politics where anything regarding the orange man is concerned.
Being convicted of a crime doesn’t disqualify anyone; people have run for President from prison. And most of the people who attacked Congress on Jan. 6 would not be disqualified for it even if they are convicted of a crime for it.
Disqualification is not a criminal punishment. It’s not a crime to be 34 years old, for example, or to have been born in another country. But those are still disqualifications, and they are and always have been enforced by the states.
“High crimes and misdemeanors” is a term of art that refers to acts committed by a public official which, while not necessarily a crime in themselves, are a violation of public trust.
For example, a president that accepted a foreign title of nobility without Congressional consent would have committed a high crime, but they couldn’t be hauled into a criminal court for it.
All fair points that still ignore the guy who tried to overthrow the country where absolutely nothing was done about him, to hold him accountable.
If the feds are saying only they can protect the country from all enemies orange and domestic, there’s about 80 million active voters who might, uh, decidedly disagree. As opposed to some other adverb.
Edit: I see the downvotes, but I don’t see replies. I thought this was a place for reasoned debate, but it’s as bad as r/politics where anything regarding the orange man is concerned.
There’s no reason a state can’t make that decision. You didn’t even make an argument. Just made a statement.
I didn’t need to make an argument because SCOTUS decided that only Congress is the authority for ballot removal per section 5. It made a lot of people mad and down-arrowed facts. The internet Constitutional scholars came out in droves.
States have always had that power. Whether its age, naturalization, or oath-breaking, it’s never been up to the federal government to decide disqualification.
Now they do not, as outlined by the supreme court this morning. You can disagree with the ruling all you want, but that doesn’t make the premise that “the SC has no problem with insurrectionist behavior!” any less stupid. It’s a fallacious premise.
Consider the fact that there is more than one grounds for disqualification. For president, there are also age and naturalization disqualifications.
Who do you think has been determining those all these years?
You’re getting further and further away from your original, still ridiculous statement that the SCOTUS has no problem with you storming the building.
That is what is known as “sarcasm”. I wasn’t sincerely calling for violence against the Supreme Court, but rather drawing attention to their hypocrisy.
It’s up to Congress to decide if someone is guilty of federal insurrection, not the states.
Edit: I see the downvotes, but I don’t see replies. I thought this was a place for reasoned debate, but it’s as bad as r/politics where anything regarding the orange man is concerned.
On the contrary, Congress is expressly forbidden from deciding whether someone is guilty of a crime.
IMPEACHMENT has entered the chat.
Impeachment is expressly not a criminal procedure. It can’t result in prison or fines, nor can it can’t be pardoned by the President.
But it is the process by which a candidate can be removed from the ballot.
So if you want to go with Trump is criminally guilty of insurrection, and therefore ineligible to be on the ballot, when and where was the trial?
Being convicted of a crime doesn’t disqualify anyone; people have run for President from prison. And most of the people who attacked Congress on Jan. 6 would not be disqualified for it even if they are convicted of a crime for it.
Disqualification is not a criminal punishment. It’s not a crime to be 34 years old, for example, or to have been born in another country. But those are still disqualifications, and they are and always have been enforced by the states.
The specific crimes I was thinking of were: impeachment for high crimes and misdemeanors or criminal conviction for treason.
“High crimes and misdemeanors” is a term of art that refers to acts committed by a public official which, while not necessarily a crime in themselves, are a violation of public trust.
For example, a president that accepted a foreign title of nobility without Congressional consent would have committed a high crime, but they couldn’t be hauled into a criminal court for it.
https://www.npr.org/2023/11/18/1213961050/colorado-judge-finds-trump-engaged-in-insurrection-but-keeps-him-on-ballot
One judge “finds” he did it. What a lovely country we would have if that’s all it took. No defense, no evidence needed. Just a judges opinion.
Short slope to a work camp. Maybe we could sort of concentrate all the people we disagree with in one.
All fair points that still ignore the guy who tried to overthrow the country where absolutely nothing was done about him, to hold him accountable.
If the feds are saying only they can protect the country from all enemies orange and domestic, there’s about 80 million active voters who might, uh, decidedly disagree. As opposed to some other adverb.
Textbook Sealion
There’s no reason a state can’t make that decision. You didn’t even make an argument. Just made a statement.
I didn’t need to make an argument because SCOTUS decided that only Congress is the authority for ballot removal per section 5. It made a lot of people mad and down-arrowed facts. The internet Constitutional scholars came out in droves.
Here is the decision that most of them didn’t read PDF warning