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this post was submitted on 04 Mar 2024
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https://ballotpedia.org/Presidential_candidates,_2020
Every state has a different number of candidates on their ballot, because every state has different requirements to be on their ballot. Is this ruling going to require every state to accept every candidate? Even those with no chance of winning? Who should decide when someone has no chance of winning? (Silly question, it's the state, of course.)
Only those thrown off the ballot using section 3 of the 14th amendment. Ballot access requirements in general have been before the court many times before and upheld generally, while some have been struck down when excessive or discriminatory.
It's legal to say something like all candidates must get signatures equal to 3% of the number of voters for the office in the last election in order to be on the ballot. It's illegal to say something like black candidates must get signatures of 15% of voters.
Funny. Have you read the ruling? They absolutely do not stop at section 3 of the 14th. They are over turning 200 plus years of precedent in which states disqualified ineligible candidates.
They opine that there is no bar to campaigning, just holding office. And that any disqualification must therefore come after the election, via a federal law or congressional framework.
Which is fucking ridiculous.
Have you read the ruling? It actually states there was no precedent of its use as applied here, and was in violation of precedents such as prohibitions against congressional term limits. Source: https://www.supremecourt.gov/opinions/23pdf/23-719_19m2.pdf
Oh yes convenient for them to ignore the existence of reality.
States are generally free to decide their own candidates for State level elections.
Federal elections are subject to Federal law and the Federal Constitution. A State just deciding someone is disqualified based on their interpretation is both unconstitutional and incredibly stupid. It was always going to SCOTUS and it was always going to be decided this way.
Me, I don't want to live in a country where ANY level of government can just decide you are guilty of something without due process. And that's what these states tried to do. The mad downvoters lack critical thinking ability and are going off emotion.
This is all a moot point. Trump simply does not qualify.
It's just like he was 34.
He cannot hold that office. What the states do is irrelevant.
Trump got due process through the congressional investigation that found he engaged in insurrection with a bi partisan panel.
Nowhere does the Constitution even say due process is needed here.
This is not a punishment. Trump has no right to run for president.
He has to qualify.
He does not qualify.
You're right, the Supreme Court ruled.
Nine Justices disagreed. Final Answer.
Meaningless. It has to go to the entire House. And BTW...where is the evidence from that bipartisan panel? O right, it was deleted before the other party took control of the House. Nothing to see here.
You didn't look at the link, did you? There's a map that shows the number of presidential candidates on the ballot in each state. If the federal government was in charge of presidential candidates, wouldn't all those numbers be the same?
Not if they didn't file the correct paperwork (on time), pay the necessary fees, and I believe, have enough qualified signatures is each state in which you want to appear on the ballot.
Making the argument that a state can otherwise disqualify because they believe you are guilty of insurrection is now moot. 9-0.
So states do have the right to set requirements to be on their ballot for a federal election in their state?
Yes, as long as the requirements are uniform in every state and don't discriminate against any particular candidate. SCOTUS affirmed that last part today.
They're not uniform. That's the whole point of my post.
You just won my argument for me. Those are all state rules limiting who can be on a ballot. The state used to make the rules, now it seems there are no limitations whatsoever.
States have been doing this for 232 years. It is wild that it's suddenly now not Constitutional. Especially when the Constitution has this to say on the matter.
So what law is there?
And why the fuck is SCOTUS inserting itself into the electoral process again? It's not mentioned anywhere in that section for a reason. If SCOTUS can influence elections then they can influence appointments and regulations about them, which makes the entire checks and balance system a dead letter.
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I'm neither a Constitutional scholar nor a lawyer. I'll go with Marbury v Madison as who gets to decide those finer points.
And they decided 9-0.
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Not federal ballots.
Except a state tried here and got slapped down 9-0. Seems to me it was deemed unconstitutional by the folks that decide that sort of thing.
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Lol. It's ok to disagree with the decision. It's ok to be mad at the decision. It's ok to internet argue the constitutionality of the decision. All of it makes this >< much difference. Trump will be on the ballot, will be the nominee, and will be absolutely crushed by the most popular president in history. I don't know why anyone is worried.
They’re going off of the lack of due process and any hope that his crimes will be answered for.
Legally, it’s this but actually it’s that. The court can argue its points, if they survive. Meanwhile has anyone seen the unredacted Mueller report yet? No? No one? Hmm. HOW STRANGE. Legally, the courts are fine with that too, though.
Trump’s process is going to come due, and we’d all prefer it be on live tv.
I'm still waiting for the Epstein list.