The Soapbox

81_Hokie

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


I expect so but I wonder if they will expand on any aspects of it, like


is the 14 amendment self enforcing? If not are other constitutional requirements like age and native born? Was legislation required to make former slaves citizens? Was any federal law required to implement any other requirements of the 14th amendment? If not then why this one? Seems like a stretch to me.

Can state law require that somebody be certified non insurrectionist, the way they have requirements for numbers of signatures needed to get on ballots, etc?

What would be the process for determining somebody is an insurrectionist and therefore ineligible to be president? A federal court? One house of congress? Both houses of congress? Does it require a presidential signature? Can it be vetoed? As I hinted before, none of this is in the amendment so in my opinion states, as primary conductors of elections, should be allowed to determine how this is done. To force them to put trump on the ballot based on nothing in the constitution seems like making stuff up out of whole cloth, as Scalia used to say.

Justices were worried about states controlled by one party being overly political and banning candidates from opposition parties, but does anybody trust congress to be less political?

Will they even say that you can't be on the ballot if you are not eligible to be president? This seems like a no brainer.

Or will they simply overturn, with little to no reasoning or explanation about what has to happen to disqualify an insurrectionist?

(In response to this post by SixerHoo)

Posted: 02/12/2024 at 12:19PM



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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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