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dpibel

(3,969 posts)
50. Qualification for office is the issue
Sun Dec 31, 2023, 10:06 PM
Dec 2023

Colorado and Maine have made the determination that Trump cannot be on their ballots because their state law (which unquestionably governs the conduct of elections) says that only people who are qualified to hold office can appear on ballots.

Your First Amendment argument is inapposite.

Any 22-year-old can engage in all the 1st Amendment protected activities you list insisting to all the world they should be elected president.

But they can't serve.

And states have the clear, established, unequivocal right to keep 22-year-olds off the presidential ballot.

The question here is not "can Trump run?" It is "Is Trump disqualified from serving as president under Article 3 of the 14th Amendment?"

I'm pretty confident that no court is going to rule that being on a ballot is a First Amendment Right.

Recommendations

1 members have recommended this reply (displayed in chronological order):

The 14th amendment and article 12 makes it clear Botany Dec 2023 #1
Agree. He disqualified himself by trying to rip off a free and fair election. onecaliberal Dec 2023 #2
AND he wants to do it again!! vapor2 Dec 2023 #4
Webster's 1828 definition of "insurrection" nuxvomica Dec 2023 #3
Great OP malaise Dec 2023 #5
K&R AKwannabe Dec 2023 #6
This message was self-deleted by its author Hiawatha Pete Dec 2023 #7
KnR sarchasm Dec 2023 #8
Huge kick and recommend. love_katz Dec 2023 #9
I know SCOTUS is going to dismiss this, because they suck, but it is clear drumpf is disqualified Takket Dec 2023 #10
Not so easy Smackdown2019 Dec 2023 #12
Yes. Both Takket and the OP address this point. gristy Dec 2023 #17
The framers addressed that as I understand it (?) "Officers" does not exclude POTUS or VP... CousinIT Dec 2023 #22
The Slobfather is going doen malaise Dec 2023 #13
Message auto-removed Name removed Dec 2023 #52
K&R! On continuous repeat! calimary Dec 2023 #11
K&R ArkansasDemocrat1 Dec 2023 #14
The Constitution says participate in an insurrection. Not convicted of cutroot Dec 2023 #15
Exactly. I see nothing about "convicted" in any of it. CousinIT Dec 2023 #23
Jamie Raskin Says Trump Is Disqualified From Ever Holding Office Again LetMyPeopleVote Dec 2023 #16
Agree 1000%, with the op and with Jamie! ShazzieB Dec 2023 #18
I still say "running" & "holding office" are two different things. CaptainTruth Dec 2023 #19
Perhaps but practically it's fraught with problems triron Dec 2023 #20
I know of 3 foreign born candidates, area51 Jan 2024 #60
Qualification for office is the issue dpibel Dec 2023 #50
The right to ballot access is the mirror image of the right to vote. Frasier Balzov Jan 2024 #54
Here's the problem. There's no legal finding of participating in an insurrection. WarGamer Dec 2023 #21
No legal finding or conviction. But the entire nation saw it, heard him incite it. CousinIT Dec 2023 #24
Last I knew Zeitghost Dec 2023 #25
I can't remember the reasons Jack Smith didn't charge insurrection.... CousinIT Dec 2023 #26
i don't see why a criminal trial is needed Stargleamer Dec 2023 #29
Just one lower court judge? WarGamer Dec 2023 #30
It's hard to see what rationale they would use Stargleamer Dec 2023 #33
You're making my point for me... WarGamer Dec 2023 #38
The Colorado Supreme Court did review the lower court's decision Stargleamer Dec 2023 #42
Affirmed by the CO Supremes dpibel Dec 2023 #34
Good points... WarGamer Dec 2023 #40
So, if Trump's insurrection had succeeded, we would have needed his DOJ to prosecute him... W_HAMILTON Jan 2024 #56
As I asked in another post Zeitghost Dec 2023 #46
A Colorado judge did find. . . Stargleamer Dec 2023 #28
Sure, it's a finding by a single state court judge TexasDem69 Dec 2023 #32
No they don't Stargleamer Dec 2023 #35
The problem is it's a state court interpreting the Constitution TexasDem69 Dec 2023 #36
Well I agree that other states might very well decide differently Stargleamer Dec 2023 #47
Hot News For You!! dpibel Dec 2023 #37
SCOTUS will decide. I think it'll be 9-0. WE WILL SEE. WarGamer Dec 2023 #41
Accuracy matters dpibel Dec 2023 #44
Insanity plea? Accepted. But that shoulda been filed in 2016. Kennah Dec 2023 #27
We know he did it, but think one has to be adjudicated an insurrectionist, unless Silent Type Dec 2023 #31
see reply #28 above n/t Stargleamer Dec 2023 #39
When the Colorado judge orders a sentence hearing for insurrection, we have him. Silent Type Dec 2023 #43
What is this "formal sense" of which you speak? dpibel Dec 2023 #48
We've gotten too much in weeds, my fault. Believe, ultimately, trump will Silent Type Dec 2023 #51
K&R Blue Owl Dec 2023 #45
Since he has been proven to be guilty of insurrection in Colorado, can he be charged criminally for it in that state? MichMan Dec 2023 #49
He's not even eligible for a security clearance. moondust Jan 2024 #53
The key phrase here is "excluded from government service" Bucky Jan 2024 #55
KnR...nt MiHale Jan 2024 #57
Absolutely! Kid Berwyn Jan 2024 #58
This may upset some here. 3825-87867 Jan 2024 #59
K&R... myohmy2 Jan 2024 #61
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