this post was submitted on 23 Dec 2023
1743 points (97.5% liked)

Political Memes

5434 readers
3148 users here now

Welcome to politcal memes!

These are our rules:

Be civilJokes are okay, but don’t intentionally harass or disturb any member of our community. Sexism, racism and bigotry are not allowed. Good faith argumentation only. No posts discouraging people to vote or shaming people for voting.

No misinformationDon’t post any intentional misinformation. When asked by mods, provide sources for any claims you make.

Posts should be memesRandom pictures do not qualify as memes. Relevance to politics is required.

No bots, spam or self-promotionFollow instance rules, ask for your bot to be allowed on this community.

founded 1 year ago
MODERATORS
HLMenckenFan
Rooki
automodbeta
Thekingoflorda
rjc
Tenthrow
JonsJava
WrenFeathers
1743
Basic Constitutional Law (lemmy.world)
submitted 10 months ago by FlyingSquid to c/politicalmemes
158 comments fedilink hide all child comments
 
you are viewing a single comment's thread
view the rest of the comments
[–] FlyingSquid 40 points 10 months ago (2 children)

14th Amendment to the U.S. Constitution:

Section 3 Disqualification from Holding Office

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

This is why Trump was taken off the ballot in Colorado. The court found that he engaged in insurrection.

[–] Knock_Knock_Lemmy_In 0 points 10 months ago (1 children)

https://www.bbc.com/news/world-us-canada-66690276

In the riot's aftermath, the US House of Representatives impeached the then-president on a charge of "incitement of insurrection".

Had the US Senate voted to convict him, it would have had the option to take a second, simple-majority vote to bar him from ever serving in office again.

But that never happened: the Senate failed to reach the two-thirds majority required to convict Mr Trump, so there was no second vote.

[–] FlyingSquid 5 points 10 months ago (2 children)

There is nothing in the 14th amendment that says that the Senate has to convict him to bar him from office. Or that any state does not have the right to control its own ballot.

[–] Knock_Knock_Lemmy_In -4 points 10 months ago (1 children)

Senate has to convict him to bar him from office

The Senate has to agree that he should be barred. That hasn't happened.

any state does not have the right to control its own ballot.

A dangerous precedent if fascists get into power. Clear rules are needed.

[–] FlyingSquid 4 points 10 months ago (1 children)

The Senate has to agree that he should be barred. That hasn’t happened.

There is nothing in the 14th Amendment which claims that, which is why Colorado took him off the ballot.

A dangerous precedent if fascists get into power. Clear rules are needed.

It has been the precedent since the beginning of the nation. The Secretary of State of each state sets the election rules in that state. That's why some states have mail-in ballots and some states don't.

[–] Knock_Knock_Lemmy_In -1 points 10 months ago (1 children)

As a counterpoint, Arizona Supreme Court and the Michigan Court of Appeals, decided that, in the absence of a criminal conviction, removal from the ballot was unnecessary.

It can also be argued that as primaries are the party choosing who it wants to put forward as a candidate, and parties are private corporations, there is no constitutional relevancy at this stage.