• NeuromancerOPM
    link
    fedilink
    -151 year ago

    No. States don’t have full autonomy. They have regulations as well as everyone else. SCOTUS has final say if the law is constitutional.

    Not a lawyer but the issue I see he hasn’t been convicted of anything close to rebellion.

    • @PizzaMan
      link
      14
      edit-2
      11 months ago

      Not a lawyer but the issue I see he hasn’t been convicted of anything close to rebellion.

      The 14th specifies no requirement for conviction. And historical precedent* has been set such that it does not require conviction.

      • @maryjayjay
        link
        611 months ago

        *precedent

        Damn auto correct 😁

        • NeuromancerOPM
          link
          fedilink
          -1011 months ago

          Autocorrect is the bane of the world. Sometimes it helps. Sometimes it’s a lethal weapon.

      • VindictiveJudge
        link
        111 months ago

        Is there precedent? I’m not aware of anyone else who’s been banned from elections for insurrection, but this also isn’t my area. I kind of assumed it would follow the ‘innocent until proven guilty in a court of law’ thing, but I also don’t know how much of a hard and fast rule that is for this type of crime.

        I am genuinely curious. I kind of assumed he would never actually be charged and the amendment could never be invoked as a result.

      • NeuromancerOPM
        link
        fedilink
        -911 months ago

        Not sure what you mean by historical presidents. Did you mean precedence ? Prior cases we people who actually formed a new country. I’m not aware of anything other cases where there was a riot alone. Can you cite a prior case where they were not in a state that rebelled ?

        • @PizzaMan
          link
          1
          edit-2
          11 months ago

          I do not accept your attempt to move the goal posts. Your claim was about whether conviction was necessary. It is not.

          • NeuromancerOPM
            link
            fedilink
            -711 months ago

            It’s not moving the goalpost.

            I suspect because he was never part of a rebellion, has not been charged with it or convicted of it, scotus will reject the courts opinion. The previous cases didn’t need a conviction because it was considered de facto

    • SatansMaggotyCumFart
      link
      41 year ago

      I am not a lawyer either, I guess we’ll see what the Supreme Court says after Jan 4th.

      • NeuromancerOPM
        link
        fedilink
        -271 year ago

        I dislike Trump. I met him in person when he was a liberal democrat. He’s not a conservative. That said, I do not think he tried to overthrow the government and I agree. It’s a dangerous precedent. Let the voters decide. I think of Trump had left with grace, he’d stomp Biden in the next election. Instead he’s thrown a childish shit fit and that turns a lot of people off. I won’t vote for Biden but that doesn’t mean I’lol vote for Trump. In 2016 I didn’t vote because both were garbage.

        • SatansMaggotyCumFart
          link
          151 year ago

          You might not call him a conservative but he’s the head of the party and the leading nominee right now.

          At this point he is the definition of an American conservative whether you like him or not.

                • SatansMaggotyCumFart
                  link
                  1211 months ago

                  I didn’t have high hopes for your answer but you still managed to disappoint.

                  Trump has a stranglehold on the party and the movement.

                  • NeuromancerOPM
                    link
                    fedilink
                    -1311 months ago

                    That’s the chair of the party. He has a lot of interest but republicans will ditch him if he isn’t viable.