General Discussion
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Has anyone (concerning the ballot issue) actually read the 14th amendment and taken time to understand it's meaning and what the Supreme Court is deciding?
The Court WILL allow trump on the ballot...period, so long as he meets the requirements of the states to run for office and to have a name placed on a ballot, his will be there!
ANYONE can run for president! Anyone can be on a ballot so long as they meet the state's requirement! Even currently, Taylor Swift (she's 34!).
The 14th:
Amendment XIV
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.
It doesn't say anywhere you need to be on a ballot. It may be implied but that's for another court decision.
SIMPLY STATED...no one can HOLD OFFICE... if involved in an insurrection. Trump will be on the ballot. It specifies "no person shall...HOLD any office." He could even win. But according to the 14th, he can not hold office! Therefore, he can't become president. No one can hold any office...who having taken an oath...etc!
IF..he wins, then the Supreme Court will have to decide whether he can stay but according to the amendment, simply participating in an insurrection means he CAN NOT HOLD OFFICE! It's black and white. Even for Alito.
That's why the election is more important than trying to keep him off the ballot. HE...can't be president even if he wins. But, the question of his vice-presidential selection ticket would be the topic for the court.
Walleye
(31,272 posts)bucolic_frolic
(43,720 posts)My bet is they leave it to Congress, which will argue was it an insurrection or was it touristy and TSF wasn't really involved. 2/3 would have to agree to approve him. Let's face it no President would ever get 2/3, it would become a partisan test.
The best to hope for is TSF loses bigly and his insurrection #2 flounders. Congress needs to write some legislation over this. Amendment 25 is barely adequate for its bailiwick.