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Kagans reasoning is so fucking stupid. No one has the right to run for president and kicking one person off doesn't "decide who is president" it means they're not qualified. If I was 34 and tried to run they would say I'm not qualified...not that the state was deciding I couldn't be president.
The constitution is very clear about who is eligible to be president.
Constitutionally, aside from those who don’t qualify, yes everyone does have the right to run for president.
There are a couple arguments regarding “the office” and “an official” and “participated in an insurrection” that may or may not disqualify someone from being federally permitted to “be” president or permitted to be on a state election ballot. States already have different rules to make it onto a ballot. Just in the past couple weeks, Biden wasn’t on the NH primary ballot (he won as a write in).
If all the red states decided they didn’t want Biden on the ballot, they could decide who would be president before the election even took place. To prevent that from happening, it needs to be determined what the rules are and the legal precedent needs to be established for state courts to decide the legal battles.
We all know what happened on January 6th. But there’s a lot of people who want to misrepresent that history. I can’t believe this is the case but it is now reasonable to assume that a state could make up new history and say Biden was a participant in insurrection or guilty of treason and disqualify him from being on the ballot.
Hey, just chiming because we might both get downvoted to hell for this. After reading your comments i have altered my mindset on this somewhat and i agree that this is a presedent you dont want to go over easily. Its a knife that cuts both ways an can be used to cut you, once both parties see its possible. It would also be a funny moment when people vote for a canidate in their state, only for their spokesperson to not be able to vote for said canidate, making him, or her, not the president.
Whatever happens, the power hungry of all sides need to follow the rules, and just like everything about trump is a fucking presedent that we need to analyse and handle very carefully...
Agreed on the careful handling. With how partisan so many issues have been in the past few years, I can see this opening the door to more significant incidents in the future. Not to go "tin-foil-hat-civil-war," but I can see an example of Massachusetts, New York, and California doing XYZ while Texas, Georgia, and Florida have done ZYX that'll just add fuel to the fire.
Look at the diversity of states' positions after the overturn of Roe v Wade. It has eerily similar vibes as free and slave states did 160+ years ago. Ugh, at this point, it's time for me to meditate and read a book or something to relax.