this post was submitted on 04 Mar 2024
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[–] [email protected] 44 points 8 months ago* (last edited 8 months ago) (2 children)

It's so wild that the 'but the people have democratic rights to choose among candidates' crowd invoke that argument to make the candidate that's promised to end democracy and rights one of the options they can vote for

You know, because democracy

[–] [email protected] 21 points 8 months ago (1 children)

And also, he never won on the people's democratic right to choose among candidates. Hillary did. He won because the president is chosen by the states, not the people. Don't like it? Abolish the electoral college.

[–] [email protected] 1 points 8 months ago* (last edited 8 months ago)

Also it occurs to me that there are other factors that disqualify candidates from being president- the bit about being 35 or older means AOC can't be president right now and the bit about being a natural-born citizen disqualifies Schwarzenegger and isn't it interesting that the court hasn't taken up the issue on how that denies voters their democratic rights? I mean, when you want to understand how to apply the constitution as it pertains to who may not serve in office, don't you want to consider all the disqualifiers and their mechanisms?

If you're under 35 or foreign-born, it doesn't take an act of congress to bar you from office, those things are the law and already in the constitution with plain wording. A plain reading of sec 3 of the 14th amendment basically reads as if the authors of the amendment intended it to take an act of congress (with 2/3rds majorities, in both houses) to allow an insurrectionist that previously took an oath of office to serve again, but the court magically inverted that by asserting the only congress could invoke section 3

Nope, this is the court bending over backwards to deliver a political outcome