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81_Hokie

Joined: 03/16/2005 Posts: 16482
Likes: 28832


14th Amendment and the election of 1868. What would have happened if, say


R.E. Lee decided he wanted to run for president? How would that have played out? What would the process look like? Further, let's suppose his oath as an officer was to "preserve, protect, and defend" the constitution, as the current presidential oath does.

Would he have to be convicted in criminal court of insurrection to be kept off the ballot? Would congress have to pass a resolution stating that he was not eligible? One house or both? Would a federal court have to rule that? The constitution is silent on all of this.

Why shouldn't individual states be allowed to keep him off the ballot? Many candidates appear on some but not all state ballots. There are individual requirements and processes for gathering signatures, etc. Why can't they have differing requirements for qualifying as "not an insurrectionist".

Would southerners argue that he was a freedom fighter, not an insurrectionist, so he should not be disqualified?
Would they say that the wording of his oath meant the 14th did not apply to him?
Would southern states allow him on the ballot and northern states not?

Posted: 02/12/2024 at 09:41AM



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Current Thread:
  Ok I laughed. Good one Dan. I’ve -- HoodatB 02/12/2024 12:11PM
  You would have had a ball in a history class -- HokieDan95 02/12/2024 12:17PM
  Of course Lee was a secessionist. -- DanTheFan 02/12/2024 11:39AM
  Yeah -- WaxHoo 02/12/2024 10:18AM
  SCOTUS will explain all this to you when… -- Los Angeles Hoo 02/12/2024 09:56AM
  The answer is Congress…. -- Los Angeles Hoo 02/12/2024 10:16AM
  Which article of the constitution says all that? ** -- SixerHoo 02/12/2024 10:48AM
  And you say all this based on what, exactly? ** -- 81_Hokie 02/12/2024 10:47AM
  Knowledge and opinion. Why do you say things? As an aside… -- Los Angeles Hoo 02/12/2024 11:13AM
  There's a reason xe's called IQ_81_Hoakie. ** -- ResistHoo 02/12/2024 10:01AM
  ... and read slowly! ** -- 81_Hokie 02/12/2024 10:06AM
  And ‘splain in one syllable words ** -- WaxHoo 02/12/2024 10:15AM
  ^^^ Fascist traitor ** -- WaxHoo 02/12/2024 10:04AM

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