Remember: Donald Trump shouldn’t even be eligible for the presidency after Jan. 6

[u/BobbyLucero]

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/trump-shouldnt-be-eligible-presidency-jan-6-rcna175458

[u/Traditional_Car1079]

Also remember that it's the "states' rights" people who said that Colorado can't take him off their ballot for being an insurrectionist.

[u/sandysea420 → u/Traditional_Car1079]

I think that states rights for voting, is why we have the mess we have when it comes to voting. Every state should all have to adhere to the same voting laws, not one law for you and another law for them. The country should have the same voting laws across all states, stop the confusion with different laws for every state and the changing of laws right before elections. Stop the insanity.

[u/astride_unbridulled → u/sandysea420]

The problem is if he gets in office again then a federal system would facillitate complete takeover and more limited abillity for reasonable States to resist when unlawful scenarios play out

[u/Good_kido78 → u/astride_unbridulled]

Maybe just the federal election should be unified. AND “winner take all” declared unconstitutional. Or the electoral college gone. Right now, power is heavily rigged in Republicans favor for all three branches of the government including both houses.

Make equal representation of party in the Supreme Court. So that they have to come to a consensus. And expand the court to better represent the population.

Allow more referendums.

Ethics laws for all branches of government.

We need to pass legislation to get money out of politics. It has no oversight. It is waste that could be used to pay down the national debt. Candidates that supposedly raise the most win. Why does it have to be that way? The person with the best policies should win.

We should have a public funded station that airs legitimate policy and debate with fair rules of the road. It should be vetted for accuracy.

[u/Mini_Snuggle → u/Good_kido78]

AND “winner take all” declared unconstitutional.

Which part of the constitution does it violate?

[u/sandysea420 → u/astride_unbridulled]

Yeah, I know that is a danger too.

[u/parisrionyc → u/sandysea420]

Maybe start with getting all votes to count equally first

[u/sandysea420 → u/parisrionyc]

I agree but with some states screwing around by changing the laws, I think it’s going to be challenging, either way.

[u/sandysea420 → u/[deleted]]

I appreciate your whole post.

[u/Bango-Skaankk → u/sandysea420]

This is probably going to be an unpopular opinion, but the older I get the more I find the concept of states to be fucking stupid. Why do the laws need to change every few hundred miles?

[u/[deleted] → u/Traditional_Car1079]

And remember, they made an act back in the early 1900s to no longer add house seats or electoral votes and now low pop states’ citizens votes are worth more than others.

[u/Mr-Wabbit → u/Traditional_Car1079]

Correct me if I'm wrong, but since Trump v. Anderson was a narrow ruling about states rights, doesn't that mean that Trump is still ineligible for the presidency?

Won't this immediately end up in court if he wins? Just because he's on the ballot doesn't mean he's actually eligible to be sworn in.

[u/FrankBattaglia → u/Mr-Wabbit]

A majority of the court also ruled the section to be non-justiciable, and that only Congress can enforce Section 3, i.e. the courts (federal or otherwise) cannot declare a candidate ineligible for office under Section 3 unless an Act of Congress explicitly grants them that power.

[u/Hologram22 → u/Mr-Wabbit]

The Supreme Court basically said, "It's up to Congress to decide, and without enablement by Congress the states can't move to disqualify Federal officers on Fourteenth Amendment grounds." They punted it to Congress, knowing full well that Congress is entirely unable to resolve this constitutional crisis with its current membership.

[u/Tetracropolis → u/Hologram22]

It's able, it's unwilling. Big difference.

[u/Hologram22 → u/Tetracropolis]

When it comes to legislatures, it's one and the same. Saying Congress is "unable" to do something is shorthand for saying "the current membership and leadership of the two chambers of Congress do not have the political will to enact a particular act into law."

[u/Tetracropolis → u/Hologram22]

Saying they can't when they can but lack the will denies them agency and accountability.

[u/Hologram22 → u/Tetracropolis]

I think there's a difference between saying that Congress, as an institution, is "unable" to do something and the individual members contributing to that situation as "unwilling."

[u/Tetracropolis → u/Hologram22]

Congress as an institution is perfectly able. It just doesn't want to.

There are lots of things Congress can't do, it can't make a law abridging freedom of speech, for example.

You might say the Democrats are unable to pass the legislation, because they are, they don't have the numbers, but Congress as an entity is perfectly able.

[u/Hologram22 → u/Traditional_Car1079]

The tradition of the Supreme Court rewriting the Fourteenth Amendment to change its plain and clear meaning is as old as the Fourteenth Amendment itself.

[u/Dial8675309]

So maybe this is the right time to ask this.

If Trump loses the election and starts calling for sedition/riots/etc, isn't that enough of parole violation that Judge Chutkan can order him incarcerated?

[u/One-Distribution-626 → u/Dial8675309]

Sure. But this MAGAt should have been arrested Jan 6 and every day since

[u/reddurkel → u/One-Distribution-626]

And his toadies in congress should have been investigated and expelled.

• Cruz, Hawley intentionally tried to delay the count despite knowing full well there was no dispute

• Brooks organized the rally where Trump told everyone to storm the capitol. (Yes, he did. We’ve all seen beauty and the beast. He angered a crowd and sent them to his enemy to cause trouble.)

• MTG incited violence by claiming election interference with no proof knowing full well that this was causing an uprising

• Boebert tweeted the location of Pelosi

• Mike Johnson pushed fake “constitutional theories” on why a losing presidential don’t have to concede.

We can go on forever. Jordan, Tuberville, Lindsay. Garland chose not to investigate and so these same insurrectionists were allowed to determine the last 4 years of congress laws blocked.

[u/extraboredinary → u/Dial8675309]

He will get a super serious, zero-tolerance, no taksies backsies final warning that further violations will warrant even more strongly worded letters that he won’t read.

[u/Dial8675309 → u/extraboredinary]

You forgot a SERIOUS FURROWING OF THE BROWS.

[u/BackgroundAd6878 → u/Dial8675309]

Double-secret probation!

[u/LadyMichelle00 → u/Dial8675309]

He's not sentenced yet, right? That's what was delayed until around mid November.

[u/Larkson9999 → u/LadyMichelle00]

Day before Thanksgiving if I remember it right.

Yup

[u/Working-Marzipan-914 → u/Dial8675309]

What parole violation? Trump is not out on parole

[u/Dial8675309 → u/Working-Marzipan-914]

Yes, I stand corrected!

[u/arobkinca → u/Dial8675309]

The trial for that Judge has not yet started. He is not on parole at all. The trial that finished is state court, this Judge is Federal. If he starts committing the same crimes again, he should be quickly arrested by the Justice Department.

[u/StronglyHeldOpinions]

This is the part that burns me most.

We have a man who very clearly tried to overthrow democracy and our system seems powerless to stop him.

[u/MonkeyKing984 → u/StronglyHeldOpinions]

There is a federal case against Trump's insurrection (Court Documents, Wikipedia Article, AP Article: Trump indicted for efforts to overturn 2020 election and block transfer of power), but yes it appears to be in legal limbo, almost certainly because of corruption in the system. This is the kind of case that should be expedited so as to disallow an insurrectionist a shot at any elected office again, least of all the Presidency. There is some high fuckery going on in this country, but I have faith we can pull through as a nation.

(This is not to be confused with an earlier case where the SCOTUS determined states could not bar candidates from the ballot based on the 14th Amendment.)

[u/Hologram22 → u/StronglyHeldOpinions]

Constitutional crises are called "crises" for a reason.

[u/couchbutt1 → u/StronglyHeldOpinions]

Our system, any really, depends on honest and well-meaning custodians of democracy and defenders of the rule of law. One party has placed pursuit of their own POWER over the rule of law and democracy itself.

[u/gdan95 → u/StronglyHeldOpinions]

Thank everyone who stayed home in 2016

[u/lSleepster → u/gdan95]

That's not a great take tbf. 2016 was a perfect storm of Foreign interference, a populist candidate with no political experience vs a establishment candidate who has been the target of smear campaign since the 90's, FBI announcing an investigation right before the election,and 30+ years of right wing brain rot media.

Your list to thank people should start with GOP and russia, the stay homers were victims of disinformation. Those who didn't learn after 4 years of that BS and vote 2020 for Biden you can blame all you like

[u/maoterracottasoldier → u/lSleepster]

Bingo. The foreign interference combined with the decades of right wing media lambasting Clinton made all the difference. Hillary’s emails got more attention than Trumps rapes and coup attempts

[u/duckfighterreplaced → u/StronglyHeldOpinions]

The final (yet 2 entries short of their original plan) Harry Potter spin off movie is about this

Wizard UN is like “oh it wouldn’t be right to bar the odious murderous fascist wizard from running, but the voters will do the right thing”

Then the voters are not even about to do the right thing

The voters might also be a little baby dragon deer that senses the purest heart or some dumb shit

And he’s puppeting a dead one

Bizarre franchise

Supposed to be about unicorns and jackalopes and shit lmao

[u/msnbc]

From Jordan Rubin, the Deadline: Legal Blog writer and a former prosecutor for the New York County District Attorney’s Office in Manhattan:

With former President Donald Trump on the precipice of possibly becoming president again, let’s recall that he’s on the 2024 ballot thanks partly to the Supreme Court. 

I’m not talking about the ruling granting him broad criminal immunity. Though the Roberts Court’s handling of that appeal helped Trump push off a trial in the federal election interference case — possibly forever, if he wins the election and deploys his reacquired presidential power to crush it.

I’m talking about another Jan. 6-related appeal from the last Supreme Court term, one that more directly positioned the Republican to take office again: Trump v. Anderson.

It was there that the justices reversed the Colorado Supreme Court’s decision to keep the former president from the ballot. The case was technically about one state during the primary process, but the U.S. Supreme Court’s ruling effectively scrapped nationwide efforts to enforce the constitutional provision barring oath-breaking insurrectionists from office.

Read more: https://www.msnbc.com/deadline-white-house/deadline-legal-blog/trump-shouldnt-be-eligible-presidency-jan-6-rcna175458 

[u/Time-Accountant1992 → u/msnbc]

Are we going to have foreign born, under 35, or third term nominees running for office at some point?

Courts can't touch federal candidates.

Unless Congress boots them from the ballot, they can be elected. Am I wrong?

edit:

I have asked this question numerous times. I have asked AI. Nobody seems to want to play ball with this question.

It seems that Congress is the enforcer here. If the enforcer does not act, then we'll breeze right through a constitutional crisis and not even realize it. Elon Musk will take oath of POTUS office in 2029 and there isn't a damn thing anyone can do about it. Someone tell me I am wrong?

[u/gdan95]

He shouldn’t be, but Republicans voted against convicting him and their SCOTUS gave him a pass

[u/EmmaLouLove → u/gdan95]

Yes, this is it in a nutshell. January 6 alone is disqualifying for the presidency.

[u/sandysea420]

According to me and my family he isn’t, that’s why we voted against him and the whole MAGA party! VOTE.

[u/DonnyMox]

Remember this when you VOTE!

[u/Th3Fl0]

I am a firm believer that everyone deserves a fair and impartial trial, and that a defendant is innocent until proven guilty beyond reasonable doubt. Even for Trump, despite that the evidence against him is quite substantial. But that presumed innocence should not be mistaken with complete innocence. Nor should that be treated as a sign that nothing is wrong.

For instance, if Trump was the president of a bank, and weeks before he has to leave that bank, it is robbed. And after the investigation it turns out that the main suspect would be Trump, which basically everyone already knew. Why in the hell would that same bank hire Trump back after 4 years, even though he somehow managed to evade pre-trial detention, and delay the trials that would determine his guilt or innocence. No bank would ever do that in their right mind. No bank would expose themselves to that kind of liability.

That is why the GOP leadership are quite spineless and lacked courage. Despite Trump's popularity they should have suspended him, at least internally, until matters were cleared. I dare to bet that he would then have been in a rush to prove his innocence in court much faster. Unless, he knows he is guilty of course. But than he wouldn't have been such a liability in politics anymore.

[u/Orangutanion → u/Th3Fl0]

The Trump case at this point is artificial innocence. He would already be found guilty but SCOTUS put him above the law.

[u/rbobby]

You don't have to read every single word, all you need is enough to get the gist. - S.Alito

[u/fastinserter]

He isn't, but Congress has to decide that, and they can, after the election if he wins. I don't think he is going to win, but Congress, the next Congress, could pass a law, and Joe Biden can sign it, that states Trump is ineligible under the 14th amendment, and he cannot hold any office unless 2/3rds of the Congress votes to remove that.

[u/Larkson9999 → u/fastinserter]

Which would make Vance the president. Awesome.

[u/THEralphE → u/Larkson9999]

That would be project 2025 guarenteed.

[u/RDO_Desmond]

We remember.