370
Supreme Court will take up Trump’s eligibility to run for president
(www.politico.com)
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 05 Jan 2024
370 points (97.9% liked)
politics
19144 readers
5112 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
I thought the insurrection clause was a hard reach, but it feels really buttoned up when you take into account the discussions. Like I don't even see any maneuvering room. Which kinda sucks because I had emotionally accepted he was going to be the nominee and now I have hope.
What's really interesting is, what if he stays off the ballot in CO but wins the race? He's be the President of the US but ineligible to be President in CO. Seems like an actual constitutional crisis unless the SCOTUS ruling automatically removes him from every state.
If SCOTUS rules that trump can be removed from the Colorado ballot there will be a domino effect that will see him removed from a large number of other states.
There's zero chance of a 2nd trump term if SCOTUS rules that way.
That's not exactly true. Unless some battleground states remove him from the ballot it doesn't matter what the states who were going to vote blue do. He wasn't going to win there anyway. As a Colorado voter I would put us in that category. Trump's not winning CO no matter what happens in this case.
Surely if the supreme court ruled that if he wasn't eligible in one state then any single person in other states could use that ruling to have him removed from any state they live in?
That would depend on which interpretation of eligible we end up with. We might see a ban on removing him from ballots, individual states being left to decide, removal from all ballots, or some other other weird scenario. Nothing is straightforward with that man and I don't expect this situation to turn out any different.
Based on what I read from discussions of the amendment passing at the time in the documents above, it sounds odd but it might be the case. Again IANAL, but they added a clause in the amendment that specifically says something to the effect of congress can make laws to enforce this. The idea being if they didn't have that clause the power would be assumed to automatically devolve to the states, because of the part of the constitution that says any powers not delegated specifically to the federal government go to state governments. So basically there's at least one interpretation here where unless congress makes a specific law enforcing the provision, it would be up to specific states to implement as they saw fit. I think it's most likely the supreme court weasels out of this whole thing somehow still, but there might be a chance something like that could happen.
It could end up with SCOTUS deciding states have the full right to decide what candidates they allow (has historical backing) but they would probably also need to argue that invalidation as a candidate in a minority of states doesn't invalidate their power as an elected president, or else it gets very very complicated fast.
Congress can vote to forgive him, so there's a path to him legally becoming president against (although obviously they shouldn't)
Congress can barely vote to keep the lights on. I'd get out the popcorn for that one.