• Blueberrydreamer@lemmynsfw.com
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    7 months ago

    Sorry, but this is absolutely a victory for democracy and what little structure our government still has. If the states were to be allowed to remove candidates from the ballot, you could kiss any chance of Democrat candidates showing up on red state ballots goodbye.

    • SkybreakerEngineer@lemmy.world
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      7 months ago

      Except for the part where they punt to Congress as the sole arbiter of whether Trump engaged in insurrection. They absolutely know Congress won’t get off its collective ass to enforce, because it’s too broken to even pass a budget.

      • PriorityMotif@lemmy.world
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        7 months ago

        I believe that someone could sue in federal court, but the 14th amendment doesn’t state that he can’t run for office. It merely states that he can’t hold office. Of course if he wins the election then that will be a giant cluster fuck.

        • qantravon@lemmy.world
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          7 months ago

          If a person cannot hold an office, they are typically also disqualified from running for said office, for exactly that reason. What would you do if an ineligible person won the election? That would be utter chaos.

          • jj4211@lemmy.world
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            7 months ago

            Someone explained to me there is a procedure for an elected candidate who is ineligible actually wins the election.

            If for any reason the president cannot carry out the duties of the office, it falls to the vice president. So you’d have to just skip the president and swear in his running mate.

            It would still be utterly stupid, but surprisingly there is a process to handle the scenario.

    • Maggoty@lemmy.world
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      7 months ago

      States remove candidates routinely. It’s their constitutional right. Except with Trump for some reason.

        • Maggoty@lemmy.world
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          7 months ago

          Abdul Hassan, 2012, Colorado. Disqualified by the state for not being a natural born citizen. Sued and lost. The ensuing opinion authored by then district judge Neil Gorsuch upheld the constitutional right and duty of states to bar ineligible candidates.

    • chetradley@lemmy.world
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      7 months ago

      Call me old fashioned, but an outgoing president who falsely claims their challenger stole the election and incites their supporters to storm the capitol building should be barred from holding office again, Democrat or Republican.

    • Melllvar@startrek.website
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      7 months ago

      States have always had control over federal elections and candidate qualifications. That’s been fundamental to American federalism since the very beginning.

      It’s not like oath-breaking is the only disqualifier, and states decide those too.