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Republican secretary of state threatens to kick Biden off the ballot as Trump payback
(www.nbcnews.com)
this post was submitted on 06 Jan 2024
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Why should he be treated any differently than anyone else that was disqualified under the 14th amendment?
The big distinction here would be that everyone else disqualified under Section 3 was a public officer in a major political organization (the CSA) who was in open war with the US. No question of fact whatsoever.
While Trump was too much of a wuss to openly lead his insurrection himself, so some government entity should probably be responsible for determining whether or not section 3 applies, and what standard they have to meet to do so. There are probably good arguments why qualification for a federal office isn't properly decided by a state judge or official.
That is not a distinction actually made by section 3. Oath breakers are disqualified, not rebels per se.
State elections officials already do that for things like age, residency requirements, etc. It's part of federalism that the state governments administer federal elections.
I am not saying he should all candidates suck honestly don’t want any of them but. Nothing you can do unfortunately I am just stating an opinion you should have to be convicted of an actual crime like treason which I think they could charge him with and then remove him based on that charge.
Requiring a conviction in the first place is the special treatment I'm referring to.
Disqualification is not a criminal penalty. If it were then it could be removed by a presidential pardon.
Instead it can only be removed by Congress--a body that is specifically prohibited from passing laws that set or alter someone's criminal liability.
I agree then let’s congress decide and not the court my only point is now the create where we are now the could remove Biden and say it’s because of hunter biden and the would not be wrong that’s my only point.
congress can decide by a 2/3 majority that his insurrection doesn't bar him from running. it's in the constitution. failure to pass that resolution is congress deciding that his insurrection counts and he's disqualified.
Congress can only remove the disqualification, they can't impose it.
It's a problem that the amendment doesn't tell us how it's supposed to work, but the fact that other disqualifying factors (age, residency, etc.) are determined by the states suggests that the states can determine disqualification on the insurrection factor too, and through the same procedural mechanisms.
This makes much more sense thanks for the clarification. 🖖