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Basic Constitutional Law
(lemmy.world)
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this post was submitted on 23 Dec 2023
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There is nothing in the 14th amendment that says that the Senate has to convict him to bar him from office. Or that any state does not have the right to control its own ballot.
The Senate has to agree that he should be barred. That hasn't happened.
A dangerous precedent if fascists get into power. Clear rules are needed.
There is nothing in the 14th Amendment which claims that, which is why Colorado took him off the ballot.
It has been the precedent since the beginning of the nation. The Secretary of State of each state sets the election rules in that state. That's why some states have mail-in ballots and some states don't.
As a counterpoint, Arizona Supreme Court and the Michigan Court of Appeals, decided that, in the absence of a criminal conviction, removal from the ballot was unnecessary.
It can also be argued that as primaries are the party choosing who it wants to put forward as a candidate, and parties are private corporations, there is no constitutional relevancy at this stage.
Colorado has a law that says you can't be on the ballot (even in a primary) if you're not "qualified" for the office, thus the Constitutional question is relevant in Colorado.
The problem is who decides on the (dis)qualification. In this case one federal judge disagreed with the conclusions of judges in two other states and the majority of the House of Representatives.