Supreme Court restores Trump to ballot, rejecting state attempts to ban him over Capitol attack - eviltoast
  • hddsx@lemmy.ca
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    10 months ago

    They explain in the ruling why it doesn’t make sense in the context of when this law was made to have states decide.

    Should a confederate state decide who is eligible to run? No, it should be the federal government

    …or so they argue

    • Ech@lemm.ee
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      10 months ago

      So we can just ignore the Constitution when the laws are outdated and don’t make sense anymore? Cool. Let’s do gun control.

      • Ullallulloo@civilloquy.com
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        10 months ago

        The Constitution says “The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.” SCOTUS isn’t ignoring the Constitution for once.

        • Ech@lemm.ee
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          10 months ago

          Noteably, SCOTUS doesn’t legislate, nor are they “Congress”. If there is a law saying as much (states can’t control primary ballots), though, sure.

          • Ullallulloo@civilloquy.com
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            10 months ago

            Yeah, SCOTUS can’t remove a candidate for insurrection. The only way is if Congress passes a law describing who is.

      • hddsx@lemmy.ca
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        10 months ago

        Where did I say that we can just ignore the constitution? Hell, I’ve been downvoted to hell on Reddit for suggesting that rights to firearms is restricted for militias…

    • Varyk@sh.itjust.works
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      10 months ago

      I couldn’t find a single legitimate reason in that decision to arbitrarily remove the power of the states or the democratic voters to remove a candidate based on very clear strictures in the Constitution, except for the implication that the conservatives would try to use this measure by claiming every valid candidate had somehow committed insurrection.

      But conservatives already basically tried to do that with Biden with their “documents” case for more than 2 years now and it didn’t work, they couldn’t make even that relatively insignificant charge stick.

      In this case, we have a judgment of a candidate liabile of an insurrection that directly violates the presidential oath of office thay previously took.

        • Varyk@sh.itjust.works
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          10 months ago

          It is hereby noted that 17 hours ago hddsx said confederate not conservative.

          Someone give you shit about it?

          • hddsx@lemmy.ca
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            10 months ago

            You ignored the context of the civil war. It wasn’t about liberals or conservatives. It was about the federal government not allowing former confederate states to elect confederates into federal office. In other words, as determined by SCOTUS, this is the constitution explicitly taking power away from states and delegating it to the federal government. Thereby it is NOT a reserved right of the states and the people

            • Varyk@sh.itjust.works
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              10 months ago

              I haven’t talked about the civil war at all, I think you’re trying to respond to a different commenter.