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2 yr. ago

  • Convicting him for insurrection or rebellion would bar him from office under the 14th Amendment, the problem here being none of his charges are for insurrection or rebellion. :(

    Says who? There is no enforcement mechanism in the Constitution. Unless a federal court rules otherwise, history shows this is most likely a political question. Thus, Congress is the sole authority on deciding who has taken part in insurrection or rebellion and can be disqualified based on the Fourteenth. Trump could be disqualified if Congress deems it to be the case he was an insurrectionist, a rebel, or aiding or gave comfort to an enemy.

  • The Fifth and Fourteenth Amendment (first paragraph) both deal with due process. A federal judge could say the state official is acting outside of the Constitution by not giving him due process.

    You're also allowed to reply without downvoting. I don't know why you think that does anything, but this isn't Reddit.

  • The "ultimate arbiter" who still needs to act within the extent that the constitution allows. If the secretary of state started banning black men from being on the ballot, that would be outside of their scope and could be challenged in federal district court.

  • If the secretary of state is acting outside of her (federal) constitutional purview, Trump can sue in federal court and challenge it. State officials aren't necessarily considered states which bar federal jurisdiction. But if Colorado had enacted a law that prevented Trump from being on the ballot and the secretary of state was the one defending it, Trump wouldn't be able to sue in federal court.

  • The Constitution has places where the word "conviction" is used, e.g. impeachment and treason. If the founders wanted to make the requirement a conviction of insurrection or rebellion, they could have done so, but they chose not to. To me, this seems like a political question and should be kicked to the legislatures to deal with.

    And taking a comment from your other post,

    But let’s focus on convicting him first so there’s absolutely zero question on barring him from office.

    So, if this is a political question, a conviction of any crime, even ones labeled as insurrection or rebellion, would still not bar him from office.

  • A single federal judge can say that there needs to be a conviction of being an insurrectionist or rebel, and that ends this discussion in its place. There are plenty of things that aren't written in the Constitution that judges have made up rules for. Doing this also sets a nice bright line rule that judges love.

  • Then you don't know a lot of people nor know much about economics. Economics isn't separated from the rest of society, it exists within society. The world is full of capitalists who also have opinions on what is and isn't good and moral and know that people spending that money attributes to goodness and badness. For example, this is how taxes are often used, to incentivize good behavior and penalize bad behavior.

    I think you need to spend sometime away from the internet and start talking to actual human beings around you, as you seem to be stuck in some weird anarcho-capitalist online bubble.

  • This is like when Europeans or people in other countries say, "racism isn't a problem here, it's a 'uniquely American' problem." Not because racism doesn't exist in these other countries, but because these other countries aren't actually talking about racism and often don't care about it.

  • You're trying to pretend landlords only exist in a vacuum instead of in society where people can't afford the necessities for basic survival. Landlords play a huge role in making sure housing prices are above a "natural" level, all while contributing no productive value to society. There's a reason why plenty of capitalists are against rentiers.