550
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 04 Mar 2024
550 points (97.7% liked)
News
23361 readers
3299 users here now
Welcome to the News community!
Rules:
1. Be civil
Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. 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. Do not respond to rule-breaking content; report it and move on.
2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.
Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.
3. No bots, spam or self-promotion.
Only approved bots, which follow the guidelines for bots set by the instance, are allowed.
4. Post titles should be the same as the article used as source.
Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.
5. Only recent news is allowed.
Posts must be news from the most recent 30 days.
6. All posts must be news articles.
No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.
7. No duplicate posts.
If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.
8. Misinformation is prohibited.
Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.
9. No link shorteners.
The auto mod will contact you if a link shortener is detected, please delete your post if they are right.
10. Don't copy entire article in your post body
For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.
founded 1 year ago
MODERATORS
This is a shit take. This ruling is not saying "Trump did nothing wrong", this is specifically saying "States cannot unilaterally decide to remove federal election candidates from ballots", which I completely agree with. As others have noted, it would open the doors to so much bullshit if this were allowed.
The SC could come out tomorrow and say "We're disqualifying Trump", this doesn't preclude that.
States have always had that power. Whether its age, naturalization, or oath-breaking, it's never been up to the federal government to decide disqualification.
States remove federal election candidates for eligibility reasons all the time. Trump is yet again getting special treatment.
Arguably states unilaterally removing a candidate from the ballot is a major paving stone on the road to the civil war, when Lincoln won because of the split pro slave vote the south blew a gasket because it only just hit them then that everyone else had enough electors among them to ignore the south completely.
The idea that we have to let an insurrectionist campaign and win before disqualifying them is far worse. It would instantly lead to massive protests and violence from whichever party had that happen to them. If you want to avoid civil war then denial must happen early if at all.
A lot of the Constitution assumes a level of good faith that just no longer exists among Republicans. Anyway, by my read Colorado can still make it a state law and be totally fine since there would be no conflict, they just can't use the 14th Amendment.
Ultimately, it's a stupid decision based on stupid facts, the worst kind. He hasn't yet been found guilty of insurrection, let alone in that state, so they're just sort of declaring it's true via a lesser standard. While it absolutely is true, it's asinine to use an amendment that otherwise protects fucking criminal due process to then declare in a civil case someone a criminal and disqualify them from office.
It's not a State Law they're using to remove him. It's federal election laws. It's in the Fourteenth Amendment to the United States Constitution which was adopted on July 9, 1868, as one of the Reconstruction Amendments. They even specifically discussed if a President should have an exception and decided it did not. The Supreme Court is choosing NOT to enforce the US Federal Constitution!
On the other hand, I could definitely see a bunch of red-controlled states deciding to remove Biden (or future Dem candidates) for whatever bullshit reason in the future, so while this ruling isn't necessarily consistent with current practice it at least doesn't open the door to that.
Except that R's are already pretty cool with being inconsistent about what is our isn't allowed, which is how we got certain members of the SC in the first place...