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onenote

(46,096 posts)

22. Imposing qualifications beyond those in the Constitution is unconstitutional

Wed Jan 4, 2017, 08:33 AM

Jan 2017

For example, state-imposed term limits are unconstitutional. So too would be requirements that a candidate be left handed or able to recite the alphabet backwards or have never been convicted of a crime or any of a million other things one might think of.

The notion that the constitutional qualifications for office cannot be altered by a legislative act was affirmed in US Term Limits v. Thornton.

Now, you might disagree with that ruling, which would put you in the company of the dissenters: Thomas, Scalia, Rehnquist, O'Connor.

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Release of tax returns as a requirement [View all] SHRED Jan 2017 OP

At the very least. Yes. n/t Guilded Lilly Jan 2017 #1

Wasn't California going to pass a bill to make this a ballot access requirement? LonePirate Jan 2017 #2

States are going to get creative now- NY w tuition, Cali w this law.. bettyellen Jan 2017 #10

Yes and there is a similar bill being pursued here in Massachusetts as well mythology Jan 2017 #27

I think you're on the right track and they should be considered as part of the financial disclosures Arkansas Granny Jan 2017 #3

It would act as a pre-filter SHRED Jan 2017 #4

Agree mountain grammy Jan 2017 #5

What I think is irrelevant; if it's not in the Constitution it doesn't matter. brooklynite Jan 2017 #6

But the KGOP is all about state's rights. If states pass laws barring anyone from being on the OregonBlue Jan 2017 #7

ahh..but income tax wasn't levied when the Constitution was drafted. sdfernando Jan 2017 #13

OF COURSE it's in the Constitution eniwetok Jan 2017 #19

And would be shot down unanimously by SCOTUS Uggwearingdad Jan 2017 #20

specifically what crap? eniwetok Jan 2017 #21

Imposing qualifications beyond those in the Constitution is unconstitutional onenote Jan 2017 #22

Well played... Uggwearingdad Jan 2017 #23

you're not defending your own argument. eniwetok Jan 2017 #25

Message auto-removed Name removed Jan 2017 #30

that decision was about state term limits for Congress eniwetok Jan 2017 #24

The fact that you like to make up your own version of the law doesn't make it real law. onenote Jan 2017 #26

Are you running from your own post? eniwetok Jan 2017 #28

No. I'm not sure what would remotely make you think so. onenote Jan 2017 #29

Message auto-removed Name removed Jan 2017 #31

Yes, I've been part of those discussions as well. onenote Jan 2017 #32

because eniwetok Jan 2017 #38

Again, you're wrong. onenote Jan 2017 #41

we're never going to agree eniwetok Jan 2017 #42

The bounds of the Constitution have been expanded since Hamilton proposed a national bank. eniwetok Jan 2017 #43

Actually, it may be OK for the individual states to require tax returns to be on the ballot. WillowTree Jan 2017 #33

No it wouldn't onenote Jan 2017 #35

Hmmmmm.........of course you're right. WillowTree Jan 2017 #37

Message auto-removed Name removed Jan 2017 #36

I agree with half your statement. The other half is a legal and logical fallacy. LanternWaste Jan 2017 #34

Absolutely. BlueMTexpat Jan 2017 #8

Sad that it should have to be a requirement ToxMarz Jan 2017 #9

And a world geography exam, US Constitution exam, They_Live Jan 2017 #11

How would you get those currently elected to vote TNNurse Jan 2017 #12

You'd have to do what they always do, exempt hughee99 Jan 2017 #16

Tax returns a must bdamomma Jan 2017 #14

Absolutely n/t TicaTwo Jan 2017 #15

It's a good idea, but will require legislation. MineralMan Jan 2017 #17

good idea ...... never get to the floor Angry Dragon Jan 2017 #18

AGREE 100% TrekLuver Jan 2017 #39

All candidates need to be vetted in regards to money owed, and what, countries/mobsters sarcasmo Jan 2017 #40