• Eatspancakes84@lemmy.world
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    1 year ago

    To be honest, I just don’t see how he can be disqualified without a conviction. Among others, it requires state courts to rule on out-of-state conduct. For instance, in the (admittedly unlikely) event that the jan 6th charges against T are dismissed, should he be allowed back on the ballot?

    • lingh0e@sh.itjust.works
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      1 year ago

      Section 3 of the Fourteenth Amendment does not expressly require a criminal conviction, and historically, one was not necessary.

      • Eatspancakes84@lemmy.world
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        1 year ago

        Ok,but somebody has to make the determination that Trumps conduct is consistent with sedition. Just from a formal point of view I don’t see how a CO court can rule on this, when the action took place in DC.

          • Eatspancakes84@lemmy.world
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            1 year ago

            So a CO judge makes this determination even though the act occurred in DC, where the court has no jurisdiction? Democracy is so fucked if this stands.

            Again, if congress had convicted Trump, or a judge makes a ruling of seditious behavior within its own jurisdiction I am totally on board with striking him from the ballot. But this ruling just sounds flimsy to me.

            • lingh0e@sh.itjust.works
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              1 year ago

              So a CO judge makes this determination even though the act occurred in DC, where the court has no jurisdiction? Democracy is so fucked if this stands.

              Do you not understand how the constitution works?

            • ghostdoggtv@lemmy.world
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              1 year ago

              The case is about the court’s home state ballot so in that sense they do have jurisdiction. The Colorado court isn’t ruling on the Wyoming ballots, for example. Litigators in other jurisdictions can refer to the Colorado finding in their own cases.

              Congress’s role in the context of the 14th amendment is explicitly laid out. If SCOTUS wants to argue that the Colorado ruling isn’t binding then the only remaining constitutional remedy is a Congressional vote to remove Trump’s disability, meaning they have to vote to requalify him for office. Republicans can barely figure out how to put their slippers on in the morning let alone muster a 2/3 vote to forgive a traitor for trying to overthrow the country.

            • Anti-Face Weapon@lemmy.world
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              1 year ago

              I think that the more concerning implication is that states are the ones that determine who should be allowed to run for president or not. This is messy and not cohesive, I don’t think this sort of structure which we may be building is conductive to a healthy democracy. But we will have to see how far reaching these events reach.

    • TheSanSabaSongbird@lemdro.id
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      1 year ago

      The question you are trying to get at is whether or not section 3 is self-executing. The answer is that it’s not a settled matter.

      The consensus right now, as far as I can tell based on my media consumption, is that the SCOTUS will overturn the Colorado decision. The real question is how they will decide to do so.