The Colorado Supreme Court made a historic ruling against former President Trump using a Civil War era constitutional amendment, but that isn't stopping his 2024 momentum.
    • ImplyingImplications
      81·
      1 year ago

      One thing I’m curious about: If Arnold Schwarzenegger said he was going to run for president, but states ruled he was ineligible because of the rules in the constitution, would that also be depriving voters of the right to choose? What if a 20 year old wanted to run?

      • Bongo_Stryker
        17·
        1 year ago

        The constitution says you have to be born in the United States to be president, but the constitution does not specifically preclude those who are born again in Christ while present in the United States from holding the office. As for the 20 year old, I’m sure that if they identify as a 35 year old it would be wrong to not accept them on their own terms.

        Still, I agree with the assertion that it’s not up to states.

        • tsonfeir@lemm.eeBanned from community
          6·
          1 year ago

          Seeing as the constitution doesn’t mention Christianity, you can be reborn in my ass and still can’t run for office. Also, if being reborn to a religion offers citizenship, let’s just start a line at the door, lay a Bible on the table, and have the entire world walk in.

          Article II, Section 1 (Presidential Eligibility):

          “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”

          • Bongo_Stryker
            32·
            1 year ago

            Ok, so the meaning of “natural born citizen” and “age of 35 years” are very clear. My answer was somewhat facetious, but the issue is this: insurrection is not explicitly defined by federal law. So if one defines insurrection in a very narrow and specific way it could be said that president Trump didn’t engage in it.

            I think trying to submit fraudulent certificates of ascertainment and telling Pence to accept them may count as both insurrection and sedition, but I can also see why someone would disagree with that. I don’t believe any reasonable person can argue in good faith that such a plan wasn’t a subversion of the established electoral process and a violation of the electoral count act.

    • tsonfeir@lemm.eeBanned from community
      6·
      1 year ago

      14th Amendment, Section 3 (Disqualification for Rebellion or Insurrection):

      “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. But Congress may by a vote of two-thirds of each House, remove such disability.”

      Article III, Section 3 (Definition of Treason):

      “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”