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this post was submitted on 05 Mar 2024
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It requires no conviction.
Doesn't that put the 14th and 5th in conflict? I made the assumption that due process (5th) was assumed/required when the 14th was written.
being disqualified from an office is not covered by the 5th amendment
people under 35 are not being held out of office of the president for some crime.
It's a civil matter, not a criminal one.
Requiring congress to vote to not allow him to run is legally the same as requiring congress to vote to not let allow a 5 year old to run. Neither Trump nor the 5 year old should have to be proven ineligible They're simply not, under the law as written.
SCOTUS are a bunch of political hacks and they should be charged with aiding and abetting an insurrectionist.
So... what's to stop a Texas or a Mississippi or a Florida from deciding that Biden has participated in an insurrection, and requiring no conviction, uses this as grounds for removal from the ballot in November?
As much as I want Trump off ballots and believe he's an insurrectionist, it's important to remember that anything that can be done to hamper his chances that requires no (or a low bar) legal framework can also be done to help his chances.
If a court in Colorado can sit down and decide he's off the ballot because of their opinions, and that decision is enforceable and unassailable, then we're establishing that a state court can strike any name from any ballot because they say so.
With that precedent, I would fully expect states with GOP leadership to appoint judges who would then find reasons to call some aspect of Biden's presidency an insurrection (in a similar vein as the Mayorkas impeachment), and remove him from their state's ballot.
So are we going to keep kowtowing to Fascists?
Literally nothing. If they were able to they would do it already, in several cases they are kind of half-assedly trying. Mutually assured destruction isn't the principle of operation when one side is generally acting in good faith and the other side is actively pulling the copper out of the walls.
The thing keeping them from doing that is they need some form of proof.
Nothing is stopping anyone from just lying about everything, except other people who refuse to go along with the lie. All social systems are inherently backed by community intolerance of dishonesty.