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99 points

Mr Newsom, you are not above the constitution. Let the dust settle and do what the constitution recommends.

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22 points

…and do what the constitution recommends

part of the problem here is that the constitution doesn’t actually recommend removing people from ballots. we’re in uncharted waters here. Though I agree, remove trump from the ballot.

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32 points

It does say he’s not eligible and the feds won’t do it, now it’s left up to the states.

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36 points

the feds won’t do it because the feds don’t run elections. Every state decides whose on the ballot. It’s literally not the fed’s job to do it, and never was

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9 points

I would argue that the constitution not only recommends Trump be removed from the ballot. It almost requires it.

The constitution explicitly states that people like Trump who participated in an insurrection are ineligible for office. This is similar to other requirements for the office. For example, you must be a natural citizen over 35 years old, etc.

Constitutionally, each state chooses how to run their own elections. However, that freedom does not give them the power to go against the other parts of the constitution.

Traditionally, states will not put people on presidential ballots who do not meet the requirements to be president.

But do they have to do that? I would argue that the case with Trump proves that, going forward, they do have to exclude ineligible candidates for president. Because Trump is the first ineligible candidate who is leading in polls.

Every state election he might win is a constitutional crisis. Each state has the duty to follow the Constitution and ensure that Trump doesn’t win the presidency. The current method for doing this action is removing him from the ballot.

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-5 points

So…. You can point me to where the constitution actually says thst?

No? Okay. So it doesn’t say that.

It implies that. And yes, every state has historically kept ineligible candidates off the ballot. But nobody has contested this. Nobody has argued this in court. So now that it is a crisis, it’s going to the relevant courts.

That relevant court is the US courts- not the state courts like Mn. State courts are concerned with upholding their respective state constitutions, which probably say even less about it.

It’s really for SCOTUS to decide, and they’re not going to decide until it’s neccessary. Because they don’t want to set new precedent unless they have to.

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8 points

part of the problem here is that the constitution doesn’t actually recommend removing people from ballots.

Why would anyone keep an ineligible candidate’s name on the ballot?

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2 points

Dunno.

Because they’re idiotic sycophants?

The point is there’s mk qualification of what is “insurrection”, etc, no process for fact finding or determining the legitimacy of the accusations and really no way to keep people from voting for the orange turnip anyhow.

We all “know” he incited an insurrection. We all know he’s ineligible. But this is an inconceivable and utterly novel legal territory here, people are going to have wonky takes.

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-3 points

Because there’s not a consensus that they’re ineligible.

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