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eniwetok

(1,629 posts)
38. because
Thu Jan 5, 2017, 10:01 PM
Jan 2017

Your original claim was

"Imposing qualifications beyond those in the Constitution is unconstitutional"

Based on

US Term Limits v. Thornton.

But a decision on what states can do with federal positions is somewhat irrelevant to the question of what CONGRESS might do. And even your cite "If the qualifications set forth in the text of the Constitution are to be changed, that text must be amended." may not apply simply because none of the existing qualifications are being negated... which would require an amendment. The question is whether qualifications can be added legislatively. You seem to believe that no law is truly legal unless ruled upon... but as we've seen, when politicians are masquerading as justices... rulings can bend towards arbitrary... Bush v Gore comes to mind.

And no, I'm not saying Congress would be doing something unconstitutional... you are. I've long held the reform-proof nature of the Constitution has created a need in both parties to devise clever ways to get around parts of it. The Constitution gives Congress the power to tax and spend for the common defense. How did that morph into the US becoming a global super power with forces all over the globe? I suspect much of that was based on mutual defense treaties. So what if Congress entered into a treaty with other nuclear powers to psychologically vet their top command and control leadership? Are your suggesting this would be unconstitutional? If so, specifically why? Keyes v Bowen suggests the parties vet their candidates. Are you suggesting it would be unconstitutional for Congress to mandate indirect vetting on that level. If so, specifically why? What if Congress merely amended tax law so the tax returns of anyone running for president were automatically made public? Are your suggesting this would be unconstitutional? If so, specifically why?



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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
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