If only conservatives listened to scholars. Then they might consider a) the intent of the constitution and b) the practical implications of nominating someone so unfit. Alas.
this post was submitted on 19 Aug 2023
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everyone knows scholars lead to education and education leads to a “woke” populace that doesn’t put up with this bullshit. gotta keep everyone dumb as bricks …
If only conservatives listened to scholars
Then they wouldn't be conservatives. Academia and reality are famous for having left wing bias.
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"If you're ignoring the constitution, it also means others see the second amendment as null and void."
Maybe that gets their attention.
No, you see, for conservatives, laws are only valid insofar they support them. Laws are for the outgroup.
Lol. They absolutely do listen to scholars, and just like any other political group, they act on what they say when it’s convenient.
Federalist society is covering its bets here - putting up sone legal footholds for old establishment conservatism to use if they become handy - while doing so in such a way they don’t put themselves on the outs too unforgivably if Trump and his ilk weasel this way through this mess like they have so many times before.
Never forget, Hitler was part of a literal failed coup and imprisoned, and STILL was able to run for political offices. Insane.
Sure, but we shouldn't need a legal argument.
We only need a reasonable electorate.
We shouldn't need a legal argument, but we do.
And we certainly do not have a reasonable electorate.
We have a reasonable electorate, inasmuch as Trump has no chance of ever winning the popular vote and never did. What we don’t have is a rational electoral system where all votes are equal.
We have a reasonable electorate
Let's not get ahead of ourselves here. Trump got something like 74,000,000 votes.
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So should all of these. We can't just punish Trump but let the rest go.
I said it after the weak jan 6 fallout and I'll say it again: if Trump is allowed to run for president it doesn't mean our democracy is in danger.
The very idea of his candidacy is farcical, proof that the rule of law is no longer breaking but broken; proof that our government and the tenets of democracy are in fact dead in the us.
I found the original Atlantic article better written: https://www.theatlantic.com/ideas/archive/2023/08/donald-trump-constitutionally-prohibited-presidency/675048/
Fourteenth Amendment, Section 3 Disqualification from Holding Office:
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
If you want that block quote to format correctly, don't indent the >. That way it will turn out like this, instead of a single line that can't fit on the screen without scrolling (some mobile clients like Sync, probably show it alright, but the web client certainly doesn't.):
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
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Trump doesn’t follow the constitution, nor is he held to its standards by those who have the authority to force him to. This is a non-starter.
At this point it should be illegal for him to even run.
I'm thinking it increasingly likely that those with the power to stop him will do nothing. As evidenced by the traitors still being in Congress.
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Legal scholars VS 49% of Americans, most of whom can't read a coloring book. One guess who is going to vote for the orange turd anyway.
A little less than half the population doesn't vote. So, it is more like 26% of Americans.
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In practice, it goes eventually to the Supreme Court which, like the Republican Party, has been Trumpified and therefore will see no problem, case closed.
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I think the trick is going to be, based on the other guy who got disqualified for 1/6, is that someone actually has to challenge the nomination. It's not something that happens automatically.
"The decision came in a lawsuit brought by a group of New Mexico residents represented by the government accountability group Citizens for Responsibility and Ethics in Washington (CREW) and other lawyers."
It's a good thing that it is very difficult to stop somebody from running for office.
The act of running for office, or more accurately the act of the people to chose whom represents them, should not be easy to take away.
In banana republics the new guy or the guy with the most power at the moment regularly uses tactics to stop their opponents in the courts. Sometimes the charges are legitimate, but sometimes they are totally fabricated.
Take for example the case of Pita, 42 years old, the leader of the move forward party in Thailand. His party swept the recent election and by many accounts average Thai people see his ideas as the most welcome path forward. Yet the old guys and their friends, who were part of the coup 6-7 years ago, are still in power. They have been able to completely shut Pita's party down in the courts, and despite the people having made a choice by voting, they, will not get the government they wanted.
If there was another political party in the USA that was more successful than Trump's at breaking the laws, and the American courts were to set a precedent that some opponents can't run for office given legal charges, I'm afraid the risk of politicians looking to defeat their opponents in court would become much more common than trying to defeat them in the polls.
I agree with this, but can we stop referring to every rigged democratic system and autocratic government as a Banana Republic?
It just makes people posting look less knowledgeable about government and politics because it's meaning is tied to something very specific that doesn't apply to your overall well thought out comment.
Thailand is not an example of a Banana Republic and neither is the US, nor could it ever be, as it's not a country tied to very limited export of natural resources.
Well, I mean. There was that one time we overthrew the incumbent monarchy of Hawaii and annexed it so we could grow sugar cane on it.
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Okay but repeatedly and blatantly trying to subvert democracy should mean that you don't get to participate in democracy anymore for the same reason that you should be banned from a chess tournament if you kick the board over and pull out a gun the first time someone puts you into check.
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Let him destroy the GOP before you bar him. Thats thing has fot to go
That mission is pretty well accomplished. DeSatan is being pummeled by a Mouse, and Trump will run as an independent and split the vote if he doesn't get the GOP nomination
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His people will still vote for him, even if he's legally barred from the job.
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