• ChunkMcHorkle@lemmy.world
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    8 months ago

    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.

    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

    • DigitalFrank@lemmy.world
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      8 months ago

      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.

      • ChunkMcHorkle@lemmy.world
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        8 months ago

        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.

        • DigitalFrank@lemmy.world
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          8 months ago

          their own ballots

          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.

          • ChunkMcHorkle@lemmy.world
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            8 months ago

            Not federal ballots.

            Until today, YES, federal ballots. Refer back to the Constitution.

            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.

            Today. For the first time. And with exceptionally questionable grounds.

            Look at you trying so hard to retcon your bad faith arguments, lol.

            • DigitalFrank@lemmy.world
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              8 months ago

              Lol. It’s ok to disagree with the decision. It’s ok to be mad at the decision. It’s ok to internet argue the constitutionality of the decision. All of it makes this >< much difference. Trump will be on the ballot, will be the nominee, and will be absolutely crushed by the most popular president in history. I don’t know why anyone is worried.