• ZK686@lemmy.world
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    9 months ago

    Not sure why everyone around here thinks this okay to do because of “state rights.” The argument makes sense…if a state can decide, according to their own definition, that someone shouldn’t be allowed to be on a Presidential ballot, it will open the doors to chaos…

    • silence7@slrpnk.netOP
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      9 months ago

      There’s a long history of states deciding to keep people off the ballot for other reasons the Constitution disqualifies them, such as not being 35. It’s also pretty common for minor-party candidates to only qualify for the ballot in some states.

      None of this has caused chaos.

      • ZK686@lemmy.world
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        9 months ago

        You’re talking about enforcing certain laws to keep them off, that’s different than what Colorado’s doing. Colorado is deciding on their own that Trump is guilty of something, and therefore, must be kept off the ballot. Our voting system can’t allow states to determine who’s guilty of what, and who to keep of the ballots, simply based on opinion.

        • silence7@slrpnk.netOP
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          9 months ago

          We literally have an amendment to the constitution to keep insurrectionists off the ballot. That’s a form of law

            • silence7@slrpnk.netOP
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              9 months ago

              Finding that Trump had engaged in insurrection was part of how Colorado got to booting him from the ballot.

              A criminal conviction has never been a requirement for keeping somebody out of office under the 14th amendment

              • beardown@lemm.ee
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                9 months ago

                SCOTUS disagrees with you. And their opinions of Constitutional legality is ultimately the only one that has any relevance

                • silence7@slrpnk.netOP
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                  9 months ago

                  They haven’t actually issued a ruling at this point. And I don’t have to agree even if they do

                  • beardown@lemm.ee
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                    9 months ago

                    Obviously they haven’t issued an opinion, but their comments today make it clear what they’re going to do

                    My point is that you can’t put forth any authoritative argument on this matter when SCOTUS is just going to rule for Trump. And they ultimately decide what the Constitution means and does not mean.

                    Legally, they are sovereign over the interpretation of all aspects of the constitution. So saying that they’re being hypocritical or are ignoring precedent isn’t really relevant. They’re allowed to do that.