157
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 29 Dec 2023
157 points (96.4% liked)
politics
19107 readers
2716 users here now
Welcome to the discussion of US Politics!
Rules:
- Post only links to articles, Title must fairly describe link contents. If your title differs from the site’s, it should only be to add context or be more descriptive. Do not post entire articles in the body or in the comments.
Links must be to the original source, not an aggregator like Google Amp, MSN, or Yahoo.
Example:
- Articles must be relevant to politics. Links must be to quality and original content. Articles should be worth reading. Clickbait, stub articles, and rehosted or stolen content are not allowed. Check your source for Reliability and Bias here.
- Be civil, No violations of TOS. It’s OK to say the subject of an article is behaving like a (pejorative, pejorative). It’s NOT OK to say another USER is (pejorative). Strong language is fine, just not directed at other members. Engage in good-faith and with respect! This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
- No memes, trolling, or low-effort comments. Reposts, misinformation, off-topic, trolling, or offensive. Similarly, if you see posts along these lines, do not engage. Report them, block them, and live a happier life than they do. We see too many slapfights that boil down to "Mom! He's bugging me!" and "I'm not touching you!" Going forward, slapfights will result in removed comments and temp bans to cool off.
- Vote based on comment quality, not agreement. This community aims to foster discussion; please reward people for putting effort into articulating their viewpoint, even if you disagree with it.
- No hate speech, slurs, celebrating death, advocating violence, or abusive language. This will result in a ban. Usernames containing racist, or inappropriate slurs will be banned without warning
We ask that the users report any comment or post that violate the rules, to use critical thinking when reading, posting or commenting. Users that post off-topic spam, advocate violence, have multiple comments or posts removed, weaponize reports or violate the code of conduct will be banned.
All posts and comments will be reviewed on a case-by-case basis. This means that some content that violates the rules may be allowed, while other content that does not violate the rules may be removed. The moderators retain the right to remove any content and ban users.
That's all the rules!
Civic Links
• Congressional Awards Program
• Library of Congress Legislative Resources
• U.S. House of Representatives
Partnered Communities:
• News
founded 1 year ago
MODERATORS
And what crimes exactly has Biden committed that would disqualify him under the 14th? What "enemies" has he been aiding?
That didn't stop then from opening impeachment investigation against Biden.
You are naively assuming that Republicans are honorable and play by the rules.
Other than Carter, they've attempted to impeach every democratic president since Nixon.
Some may. Id be willing to bet most don't though
Which is precisely why their response should be wholly meaningless when trying to decide what to do. Trump participated in an insurrection. He's not eligible to run for president. That's about all the analysis needed.
Means nothing but how they chose to waste their base's political capital. It's not like they're passing any legislation.
I didn't read either link the person you replied to posted, and I have no opinion on the issue itself (whether it's actually likely or just a conspiracy theory) - but I think the implication here is that they'll be able to do it whether a real crime happened or not, if Trump's removal stands. While Trump's crime is undoubtedly real, he hasn't been convicted for it - and that's what sets the precedent they could use here against Biden. I have my doubts those attempts would survive in most courts. Additionally, I doubt "enemies" is a term that's defined in any federal statute, which leaves the phrase "...or given aid or comfort to the enemies thereof" extremely open to interpretation.
There is no protection of life, liberty, or property that hinges on "conviction". The right is to "due process".
OJ was deprived of "life, liberty, or property" not through conviction in a criminal court, but by order of a civil court. He was never convicted. He was found liable.
Trump was afforded all of the rights of the accused in Colorado, which ruled against him in a civil hearing. He wasn't convicted of the criminal act of insurrection, but he was found to be liable for having committed insurrection. He was afforded due process.
This all assumes that "running for president" is a "liberty" afforded to individuals. The constitution does not declare such a right. Quite the contrary, the constitution empowers state legislatures to enact the rules for their own elections, including determining who should appear on ballots.
So taking your last paragraph at face value, you're of the opinion that states could legally (in theory) remove Biden from their ballots for pretty much any arbitrary reason, as long as that reason was enshrined in state law by the state legislature or state constitution?
Where in my arguments does the "arbitrary" criterion arise?
The "reason" for Trump's removal didn't arise from state law, state legislature, or state constitution. The "reason" arose from the 14th Amendment. State law provided the means and method, by dictating who is charged with making the executive decision and the process of judicial review of that decision.
Generally speaking, yes, the secretary of state who is charged with determining who will and will not appear on the ballot can determine that Biden does or does not qualify for ballot access. Their determination is subject to judicial review: the candidate and/or the voters and/or any other party with "standing" can sue to reverse that decision.
It came from "the constitution empowers state legislatures to enact the rules for their own elections, including determining who should appear on ballots", with the implicit assumption that the states could then determine this in undemocratic ways if they so wanted.
Your second point makes me think that you think we're arguing or something. I really don't think we are.
The third point touches on what I was asking about. When that determination is subjected to judicial review - which laws is it subject to? If Texas were to simply amend their constitution to say Democrats can't appear on presidential ballots, would there actually be a federal law that would prevent them from enforcing that?
I don't think that implicit assumption arises from my argument.
For example, I don't think it is undemocratic for the state to require candidates to circulate a petition and gather at least 5000 signatures from registered voters within the state before being allowed to appear on the ballot. The constitution doesn't provide for such a requirement, but the state is (arguably) free to enact such a requirement if they do choose. It is not unreasonable for them to limit access to candidates that people would actually vote for.
Put a different way: I can't reasonably demand ballot access solely on the basis that I am a 40-year-old person who was born in the US, has lived in the US my entire life, and has never committed insurrection. With that minimum criteria alone, millions of people could appear on a ballot. The complexity of such a ballot would violate the rights of the voters asked to cast a vote in that election.
The state is empowered to create the rules for its own elections; it is not empowered to use those rules to violate civil rights. But it is not a "right" to appear on a ballot.
I wasn't trying to say any restrictions on who can appear on the ballot are undemocratic - nor was I necessarily saying any state currently has undemocratic rules regarding ballot eligibility. It was more about hypotheticals, like what I said about Texas - in theory, does the constitution and body of federal laws allow for states to create undemocratic eligibility criteria that would withstand legal scrutiny?
Which is fair. Trump has indeed not been convicted of the crime. The court of public opinion would disagree but until a legal decision is handed down we should presume innocent until proven guilty.
As for the links I found the first to be about a House resolution for impeachment based around Biden's handling of the withdrawal from Afghanistan and some comments he had as Vice president related to it. The second is an opinion piece conflating the withdrawal with giving aid to an enemy. As the withdrawal provided the Taliban an opportunity to return to power. Nevermind that Trump started it in the first place. It seems the GOP "plan" is to throw shit at the wall and see what sticks.
There are plenty of things to dislike Biden for but this certainly ain't one of them
The people who this amendment was directly intended to bar were not convicted of underlying crimes to make them viable subjects. The courts will review these actions, but there's nothing in the amendment that either directly or indirectly requires insurrectionists be convicted of a crime.
Doesn't matter, it's just up to state Republicans do declare it and they can make many arguments, usually involving Hunter and Ukraine, maybe even illegal immigration.
It would then be up to courts to rule if 14th applies to Biden. And that could be challenged to SCOTUS, and they will decide the winner just like Bush v Gore
Apparently letting criminals to come from the southern border.
Edit: I don't agree with it neither do I think currently gop has any sense of what is right or what is wrong. I merely stated what i read Ron DeSantis was saying in retaliation to Trump being removed.
Fun fact, the vast majority of the fentanyl is smuggled in by our own citizens!
Fun fact: immigrants both documented and undocumented are statistically much less likely to commit crimes than native born citizens.