• Mastengwe@lemm.ee
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    8 months ago

    And this folks, is why voting in November is IMPERATIVE. Don’t listen to the right-wing propaganda-spreading accounts here that post all day about how you should not vote because both parties are bad for America.

    They KNOW you’re not voting for Trump and they KNOW you cannot be persuaded to- so the next best thing is for them to bullshit you into not voting at all- which in the end- will still help Trump win America.

    If you think conservatives judges denying us our right to ban a “man” from running because of an attempted overthrowing of our government- denying us AFTER we went through due process to arrive at a legal decision to-

    Just wait until the someone even worse than them has the authority to pass laws.

    Do the right thing and vote.

    • SmilingSolaris@lemmy.world
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      I just got run out of hexbear because I believe voting for Biden, while shitty, is a form of harm reduction. I got called a genocide supporter and a fascist followed by hours of threats and wishes of harm, including my favorite. An emoji of a location where Nazis were executed by partisans in Yugoslavia.

      I’m new to lemmy so just kinda assumed it was a leftist space. I didn’t realize that it’s just red tented Nazis with no actual love for their fellow human beings. Something I consider necessary to being a socialist in any form. That sucked.

      • Mastengwe@lemm.ee
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        Yep. I have them and .ml and lemmygrad blocked from my feed. It’s toxic there.

      • Chocrates@lemmy.world
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        I don’t really understand hexbear. They are leftists that are so left they are Nazis?

        I get it, I don’t like voting for Biden, but we live in a two party system where we have to vote for the least evil one.

        And despite myself, Biden has passed some of the most progressive legislation ever (at least my lefty podcasts tell me that) So while he was glacially, immorally, slow to call for a ceasefire in Gaza, he has done it and his policies are inarguably more moral than Trumps were and likely will be, should trump win.

            • mods_are_assholes@lemmy.world
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              8 months ago

              Those who make it to the top after bloody revolution are far more likely to believe in nothing except their own authority and entitlement.

              • Fedizen@lemmy.world
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                Many of the revolutionaries replaced even more brutal governments but realistically its only ever been where people were fully denied rights that revolutions were successful. Example: its well understood that the british empire ended slavery after a series of slave revolts. Cubans also had less rights than vacationing american mobsters under batista.

                Often more developed countries get better mechanisms to resolve disputes: elections, courts, regulations, insurance, strikes, etc.

                Its best to use those before pursuing violence.

                • mods_are_assholes@lemmy.world
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                  Oh I agree, I abhor violence and it is my sincere wish that no human anywhere perished in such ways. But I am not a naive enough fool to believe that meaningful change is always bloodless.

                  Personally I think it will be the coming food riots that really kick things into high gear. And its going to happen sooner than people realize.

        • Burn_The_Right@lemmy.world
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          They are leftists that are so left they are Nazis?

          Tankies are not really leftists. They are conservatives who call themselves leftists. They are engaging in modern propaganda.

          One of the standard tactics of fascists is to sew chaos and confusion among any who may resist. A tankie’s primary goal is to create confusion and demotivate progressives.

          Not everyone falls for it, but some tankies can be pretty convincing that they really believe their nonsense. Do not be fooled. Tankies are absolutely lying. They are pro-level trolls with a deadly serious goal.

          • Kelly Aster 🏳️‍⚧️@lemmy.world
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            Tankies are not really leftists. They are conservatives who call themselves leftists. They are engaging in modern propaganda.

            I wish more people realized this. They are bad faith actors who exist solely to disrupt and recruit. What I find particularly reprehensible about the Hexbear playbook is they appeal to the most disenfranchised part of the LGBTQ+ community and take advantage of their rage by giving them a target…not coincidentally, the same way the public face of the right wing panders to rural white men. Hexbear is queer-friendly and does offer a safe space, but they don’t actually discuss, much fight for the rights of the queer community in any way. They give them anti-west talking points, wind them up, and send them out into the world, but they don’t actually give a shit about their recruits’ queer existence; they’re just a tool to be used. It just sucks to see, for a number of reasons.

            • Burn_The_Right@lemmy.world
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              Wow. I was completely unaware of Hexbear’s specific flavor of manipulation. Thank you for spelling that out. That is both heart-breaking and frightening.

              It also explains some of the bizarre conversations I’ve had with certain tankies. I’m usually not kind to them, but I think I can be both more sensitive and more persuasive with certain LGBTQ+ tankies now that I know some of them may actually be victims of manipulation. So, again, thank you.

        • John_McMurray@lemmy.world
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          Biden has passed some of the most progressive legislation ever

          No, but he has passed some horribly racist bills back when he was involved in passing bills

          • assassin_aragorn@lemmy.world
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            And yet he was overwhelmingly the favorite pick for Black voters in the 2020 primary.

            People change. Context matters – some of those bills were even supported by black community leaders. It obviously didn’t turn out well.

            Plus, it matters to some people that he was happily VP under Obama. I personally don’t get it, but to some people being #2 to a black person at #1 meant something.

        • Burn_The_Right@lemmy.world
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          Unfortunately, Lemmy.ml and a few other still-federated instances are currently infected with tankie mods. Some are a bit covert about it, banning people for clever little twists like “minimizing genocide” if the user calls any current military action a genocide.

          Conservatism, including fake progressives like tankies, are a cancer that are long overdue for a cure.

          • fine_sandy_bottom@discuss.tchncs.de
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            Federation only works if everyone participates in good faith, and has approximately similar codes of conduct.

            Blocking instances is not enough.

      • Letstakealook@lemm.ee
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        I always see reports of this behavior from hexbear, but I’ve never been subjected to it, even when disagreeing with the user base there. Though,I am wondering if they just blocked me because I haven’t seen any of their posts in a while, now that I think about it.

    • whereisk@lemmy.world
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      This is their classic pincer maneuver employed by the establishment - and it works really well: the left wing candidate is both too left and not left enough.

      You see it in every election.

      It works so well because they own mainstream media so they can run all narratives at the same time as opinion pieces to hamstrung the left. That’s how the ratchet works also.

      • Xanis@lemmy.world
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        It also works because, simply put, those of us not on the Right have a tendency to disagree with one another on what to support. Now I’m not saying this doesn’t happen in general. Only that we’ll do it even to the point of detriment as we recognize situations and cases we feel need to be supported, instead of just what needs to be attacked, and those can vary widely.

        My biggest and most consistent concern every election is whether we can come together in consensus long enough to make a difference. My second concern is whether we can hold that energy long enough to continue pushing for positive change.

        • whereisk@lemmy.world
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          I mean you are right, but hopefully we learnt our lesson when we got the current supreme court because Hillary was not pure like Sanders.

          So long as we keep in mind that their goal is to split the working class in manageable little pieces we can put our differences aside to come together to at least stop the slide and hopefully take a few steps in the right direction.

      • jumjummy@lemmy.world
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        That’s why it bears repeating that if you don’t vote for Biden in the General Election, YOU ARE HELPING TRUMP. No “genocide Joe” arguments matter at that point no matter how much you twist your logic, no matter how you WISH things worked with the US general election. These are simple FACTS.

    • Chainweasel@lemmy.world
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      In this case, I don’t disagree with their decisions and neither did the moderate justices.

      This prevents all of the heavily gerrymandered red States from pulling Biden from the ballot as well.
      And if they ruled in favor of pulling Trump from the ballot, you can bet your ass that Biden will be gone from every red and swing state ballot too. Possibly more than we would be able to get Trump pulled from.

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        Then we knew it was a sham all along and we march in the streets. Giving a criminal conspiracy what they want because they might conspire is crazy town.

        • jj4211@lemmy.world
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          The thing is, there being no reason wouldn’t stop them from declaring that they have a reason. They’d abuse the hell out of it. No one is saying there is a justification for disqualifying Biden, just that a lot of GOP folks would do it anyway.

          See when they decided they needed some sort of revenge impeachment and impeached without any particular reason.

  • Erasmus@lemmy.world
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    States rights only apply when not direct conflict with conservative views’

    • John 22:16
    • UllallullooA
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      More like states rights only apply when not delegated to the United States by the Constitution. They should really have written that down somewhere.

      • assassin_aragorn@lemmy.world
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        They also probably should’ve put something about how the rights explicitly mentioned in the Constitution were not our only rights, and the explicit mention of some rights did not disparage other rights. That way the conservative court wouldn’t have been able to say “we can’t find a right to xyz in the Constitution therefore it isn’t a right”.

        If only there was a Ninth Amendment or something, and a way to hold the Court accountable to it.

  • Varyk@sh.itjust.works
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    The states explicitly have that determining power according to the constitution, specifically for insurrection.

    Fuuuck the Supreme Cowards.

    Unanimous? How?

    • EatATaco@lemm.ee
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      Because the liberal justices are being consistent in their rulings, while the conservatives justices all of a sudden forgot that they think these things should be deferred to the states.

      • Varyk@sh.itjust.works
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        How do you mean the liberal justices are being consistent in their rulings?

        The conservatives are being very consistent by pursuing their political agenda regardless of states rights or the rights of the electorate.

      • Maggoty@lemmy.world
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        Yep and they just handwaive it. They assert the other sections are held against the states so this must be too. They also assert that only Congress has enforcement power for it despite nothing in the amendment saying so. It says “Congress shall have power…”, not sole power, not the power. There is no exclusionary language to preclude a state’s normal constitutional right to run it’s elections. Instead this adds Congress to the list of bodies that can enforce this.

        The remedy for a state running an improper election is also not the supreme court. It is Congress, as laid out in the Constitution they supposedly are experts at enforcing. And yet they keep giving themselves major powers not in Constitution.

        • hddsx@lemmy.ca
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          You have the most interesting take that I’ve read: Congress shall also have a way to enforce this and not just the States. I kind of wish you had argued that in front of SCOTUS.

          • Maggoty@lemmy.world
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            Sometimes I wonder if our constitutional interpretation is so twisted because we’ve been going at for so many years. But getting a new one is going to require decades of catch up work by the Democrats. Republicans have been practicing for a Constitutional Convention and actively seek one.

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          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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            8 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.

            • UllallullooA
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              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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                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.

                • UllallullooA
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                  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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              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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            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.

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                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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                  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

  • ZombiFrancis@sh.itjust.works
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    Fascists use institutions to secure and entrench power. They are not restricted by them.

    The question for those cheering this decision as a win for the rule of law or the institution is: how aware of this are you?

    • rsuri@lemmy.world
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      That’s exactly it though - if the court said state judges can enforce laws keeping people off ballots, then you’d have fascists using the courts to secure and entrench power by keeping democrats off the ballot. There’s all sorts of zealots on the state courts, if the Supreme Court said this was legal I have no doubt that at least the AL supreme court would quickly find that Biden is guilty of insurrection against god or something and knock him off the ballot there.

      Something as big as keeping a presidential candidate off the ballot can’t be up to the states, because there’s a lot of crazy state governments.

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        So because we have shit states who race to the bottom means we can’t have states control their elections? Ruling by the lowest common denominator is a a recipe for garbage.

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          We just had a president calling up state leaders to try and reject the winner of the election.

          No one took him up on it, primarily because there was no legal basis to do so.

          If a state can remove a nominee before the election even starts, that would NOT be good for us. We’ve seen time and time again how political factions will use any leeway they have to solidify power.

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        Ideally you’d just challenge a ruling like that and have it thrown out for being meritless and the judge who made it sanctioned. But the supreme court has ruled that judges have absolute immunity for their actions no matter how corrupt, so the best you can do is vote them out of office and then do nothing to them like we’re doing here.

        The justice system is more concerned with protecting itself than justice and it’s the supreme court that’s been heading that boat for the last 200 years.

        Still that doesn’t make their argument not stupid as hell. They have chances to fix it here and just refuse to admit that there’s a problem.

  • derf82@lemmy.world
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    A nonsensical ruling.

    The section specifically says congress can allow someone to hold office with a 2/3rds vote. How does it make any sense that it also takes specific congressional action to disqualify someone? A simple majority could stop that.

    They even noted on a footnote a case where a 2/3rds majority voted to seat a former confederate. Yet they didn’t bother to outline how he was disqualified to start with. It wasn’t congressional action.

    And they exceed legal thoughts as the suppose there needs to be uniformity so the president is president for all. History is filled with candidates that didn’t appear on the ballot is some states. Lincoln wasn’t on the ballot in some southern states. Like it or not, that is how it works.

    And while the majority was rightfully chided for going beyond the question presented, shame on the liberals for ruling to protect their federal power rather than protecting the integrity of elections. I hated the oral arguments where they were all saying it “feels” like a federal question. If you want it to be a federal question, amend the constitution so the feds are in charge of elections. Until then, states have the right to decide who is on their ballot.

    • m0darn@lemmy.ca
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      What about a motion in congress to exempt Donald Trump under the 14th amendment? If it failed to get 2/3 approval would that defacto mean he is barred from office?

      Sorry if that’s a dumb question, I’m not American.

  • Spitzspot@lemmings.world
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    Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

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      Right, and per the opinion, Amendment 14 sections 3 and 5 specifically take rights away from the States to delegate for the federal government.

  • Illuminostro@lemmy.world
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    What happened to State’s Rights? Oh, they only matter when they didn’t benefit you. Got it.

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    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

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      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.

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        Abolish electoral college is not the answer to these issues. Unless you have a new idea in mind. Electoral college is better than using popular vote. It helps prevent fraud from any one particular state.

        • Gabu@lemmy.world
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          Except this assinine system only exists in 'murica, which also happens to be the country where democracy doesn’t work.

    • BeautifulMind ♾️@lemmy.world
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      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

  • YurkshireLad@lemmy.ca
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    I thought a president can do anything with full immunity. So Biden could make it so, according to Trump’s own rules.

    • LifeInMultipleChoice@lemmy.world
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      Does this case not also show that they will infact say he has immunity as well unless Congress impeaches him and the Senate agrees/dismissed the person. Aka the president has immunity to do anything they want so long as one of the legislative departments will not act. Aka, they can be run by fear of death as well unless they can pass the impeachment and dismissal faster than the president can hear about it or act to stop it.

      Theoretically wouldn’t it be legal for the president to blow up Congress in session because they couldn’t impeach him for doing so until a new Congress is elected… Which of course cannot happen without them all being scared for their lives. Legal dictatorship. : /

      • APassenger@lemmy.world
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        Anyone here watched the video of Saddam and how he rose to power? It’s like a scene from Godfather.

        It’s worth a watch.

        Could that happen here? I’d absolutely hope not. But how many committed people do you need in order to make it happen? How many have to die in order for all others to be cowed?

        Giffords didn’t die and it sent an absolute chill.

      • Makeitstop@lemmy.world
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        This ruling was an inevitability. No matter how strong the case, they weren’t going to kick Trump off the ballot. Even if the Court didn’t have a conservative majority, the Court generally doesn’t like being seen as political. This is a polarizing case that asks them to choose between the election proceeding as usual, or being the ones responsible for disqualifying Trump. They may be willing to dive head first into polarizing issues of their choosing, but this wasn’t something they wanted, it was something that they could reasonably ignore. So, forced into ruling on this case, they voted 9-0 to take the easy way out and make an excuse.

        The question of total presidential immunity to all prosecution doesn’t cause quite the same problem. Hell, they don’t even need to rule on presidential immunity, they can just rule that there’s no immunity for ex-presidents. It’s the obviously correct answer, and it isn’t really changing the status quo. Ruling that current and former presidents have total immunity would put the Court in a much worse position, setting a massive game changing precedent and bailing Trump out in a way that looks corrupt. This seems especially implausible given the way the lower courts have explored this issue. A ruling in favor of Trump has very clearly been established to be a ruling that gives presidents a license to kill. I would honestly be surprised if we don’t get a 9-0 decision against Trump whenever they get around to deciding the case.

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        8 months ago

        Biden can’t do that because he didn’t win the election. But Trump still can because he is technically the president. But you might say, then he cant run in 2024, right? Well, he’ll just have to change that as president. You’ve gotta think bigger and dumber.

  • gedaliyah@lemmy.worldM
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    8 months ago

    What I don’t understand about the ruling is that congress has already exercised their power. Donald Trump was impeached by congress in 2021 for inciting an insurrection. The states are only enforcing the law based on the ruling a of the House of Representatives and a majority of the Senate.

    • BombOmOm@lemmy.world
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      8 months ago

      Correct. States simply don’t have this power. The decision was unanimous for a reason.

        • BombOmOm@lemmy.world
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          8 months ago

          *terms and conditions apply

          Always has been. States have never had free reign to do anything they want. This is one of the things they cannot do.

      • Varyk@sh.itjust.works
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        8 months ago

        For anyone wondering if the wording of the Constitution is unclear, this is the provision that constitutionally bars trump from office:

        “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

        Here is Article 2 section 1, referring to the office of the President of the United States:

        “The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years,…”

        Trump engaged in insurrection, violating the oath of office he took. As such, he is constitutionally ineligible to run for office.

        Supreme Cowards

  • whoelectroplateuntil@sh.itjust.works
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    8 months ago

    I mean, the whole argument hinges on the fact that the procedures around Section 3 are ambiguous, but clearly since states haven’t tried to do it themselves before, that means they obviously don’t have the authority. So, the precedent exists not because it has actually been set, but because it can be inferred to exist by the fact that it hasn’t been set.

    May as well have signed it in crayon, too. OH WAIT THEY DIDN’T SIGN IT

  • cultsuperstar@lemmy.world
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    8 months ago

    “It’s not for us to decide. It’s up to the Republican controlled Congress to decide to allow Trump and any other Republican candidate and not allow Democrat candidates the same luxury.”

    • guacupado@lemmy.world
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      8 months ago

      They want to leave it to states’ rights when it benefits them. Then they want it to Republican-controlled groups.