List one federal candidate a state successfully removed (that wasn’t convicted in a federal court, or died before the election.)
Edit: I see the downvotes, but I don’t see a name. I thought this was a place for reasoned debate, but it’s as bad as r/politics where anything regarding the orange man is concerned.
Every state has a different number of candidates on their ballot, because every state has different requirements to be on their ballot. Is this ruling going to require every state to accept every candidate? Even those with no chance of winning? Who should decide when someone has no chance of winning? (Silly question, it’s the state, of course.)
States are generally free to decide their own candidates for State level elections.
Federal elections are subject to Federal law and the Federal Constitution. A State just deciding someone is disqualified based on their interpretation is both unconstitutional and incredibly stupid. It was always going to SCOTUS and it was always going to be decided this way.
Me, I don’t want to live in a country where ANY level of government can just decide you are guilty of something without due process. And that’s what these states tried to do. The mad downvoters lack critical thinking ability and are going off emotion.
A State just deciding someone is disqualified based on their interpretation is both unconstitutional
Tell me you’ve completely forgotten what the Constitution very briefly says about presidential elections without telling me you’ve completely forgotten what it says.
The only other mention in the original Constitution of how elections are generally to be held is in Article 1, Section 4, which goes over electing legislators.
As you can see with your own eyes, there’s not a lot there. It really is up to the states, and that’s how the Constitution was written, because the framers wanted to AVOID the centralization of power inherent in monarchies and instead have a federation of states with just enough centralized power to make it hold together.
If you want to continue to insist that an individual state’s disqualification of candidates is itself unconstitutional, then show the rest of us the article, section, or amendment of the Constitution that supports your claim. Thanks.
All you’re really telling me with namedropping Marbury is that you ALREADY know it’s constitutional for states to decide their own ballots and that your previously asserted opinion “it’s unconstitutional!” had zero basis in fact, but are simply arguing in bad faith.
Is this ruling going to require every state to accept every candidate? Even those with no chance of winning?
Only those thrown off the ballot using section 3 of the 14th amendment. Ballot access requirements in general have been before the court many times before and upheld generally, while some have been struck down when excessive or discriminatory.
It’s legal to say something like all candidates must get signatures equal to 3% of the number of voters for the office in the last election in order to be on the ballot. It’s illegal to say something like black candidates must get signatures of 15% of voters.
Funny. Have you read the ruling? They absolutely do not stop at section 3 of the 14th. They are over turning 200 plus years of precedent in which states disqualified ineligible candidates.
They opine that there is no bar to campaigning, just holding office. And that any disqualification must therefore come after the election, via a federal law or congressional framework.
Have you read the ruling? It actually states there was no precedent of its use as applied here, and was in violation of precedents such as prohibitions against congressional term limits.
Source: https://www.supremecourt.gov/opinions/23pdf/23-719_19m2.pdf
States remove federal election candidates for eligibility reasons all the time. Trump is yet again getting special treatment.
[citation needed]
List one federal candidate a state successfully removed (that wasn’t convicted in a federal court, or died before the election.)
Edit: I see the downvotes, but I don’t see a name. I thought this was a place for reasoned debate, but it’s as bad as r/politics where anything regarding the orange man is concerned.
https://ballotpedia.org/Presidential_candidates,_2020
Every state has a different number of candidates on their ballot, because every state has different requirements to be on their ballot. Is this ruling going to require every state to accept every candidate? Even those with no chance of winning? Who should decide when someone has no chance of winning? (Silly question, it’s the state, of course.)
States are generally free to decide their own candidates for State level elections.
Federal elections are subject to Federal law and the Federal Constitution. A State just deciding someone is disqualified based on their interpretation is both unconstitutional and incredibly stupid. It was always going to SCOTUS and it was always going to be decided this way.
Me, I don’t want to live in a country where ANY level of government can just decide you are guilty of something without due process. And that’s what these states tried to do. The mad downvoters lack critical thinking ability and are going off emotion.
Tell me you’ve completely forgotten what the Constitution very briefly says about presidential elections without telling me you’ve completely forgotten what it says.
Here’s a refresher: look over Article II, Clauses 2 through 5 of the US Constitution. And as you do this, remember the Tenth Amendment, and that what the Constitution does not specifically reserve to the federal government automatically remains the jurisdiction of the states, barring later changes via judicial review.
The only other mention in the original Constitution of how elections are generally to be held is in Article 1, Section 4, which goes over electing legislators.
As you can see with your own eyes, there’s not a lot there. It really is up to the states, and that’s how the Constitution was written, because the framers wanted to AVOID the centralization of power inherent in monarchies and instead have a federation of states with just enough centralized power to make it hold together.
If you want to continue to insist that an individual state’s disqualification of candidates is itself unconstitutional, then show the rest of us the article, section, or amendment of the Constitution that supports your claim. Thanks.
EDITED to add links and reformat
I’m neither a Constitutional scholar nor a lawyer. I’ll go with Marbury v Madison as who gets to decide those finer points.
And they decided 9-0.
All you’re really telling me with namedropping Marbury is that you ALREADY know it’s constitutional for states to decide their own ballots and that your previously asserted opinion “it’s unconstitutional!” had zero basis in fact, but are simply arguing in bad faith.
Not federal ballots.
Except a state tried here and got slapped down 9-0. Seems to me it was deemed unconstitutional by the folks that decide that sort of thing.
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Only those thrown off the ballot using section 3 of the 14th amendment. Ballot access requirements in general have been before the court many times before and upheld generally, while some have been struck down when excessive or discriminatory.
It’s legal to say something like all candidates must get signatures equal to 3% of the number of voters for the office in the last election in order to be on the ballot. It’s illegal to say something like black candidates must get signatures of 15% of voters.
Funny. Have you read the ruling? They absolutely do not stop at section 3 of the 14th. They are over turning 200 plus years of precedent in which states disqualified ineligible candidates.
They opine that there is no bar to campaigning, just holding office. And that any disqualification must therefore come after the election, via a federal law or congressional framework.
Which is fucking ridiculous.
Have you read the ruling? It actually states there was no precedent of its use as applied here, and was in violation of precedents such as prohibitions against congressional term limits. Source: https://www.supremecourt.gov/opinions/23pdf/23-719_19m2.pdf