“Removing a candidate from the ballot under Section 3 of the 14th Amendment is not something my office takes lightly,” California’s Democratic secretary of state previously said.

  • ImplyingImplications@lemmy.ca
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    6 months ago

    This. The “let voters decide” argument is bullshit. “Sure he broke the rules but it should be up to the people if they care about that kind of thing”. Since when do courts care about what the general public think?

    • heavyboots@lemmy.ml
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      6 months ago

      This. We tried that last election cycle and be wasn’t happy with the results from the people and attempted to falsify and overthrow them. NO SECOND CHANCES.

    • Psionicsickness@reddthat.com
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      6 months ago

      What courts? Trump was never convicted? These removals are all just because high placed hippies, “feel like” Trump’s actions were, “insurrectiony”.

    • PowerCrazy@lemmy.ml
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      6 months ago

      Since when do courts care about what the general public think

      That is one of the pillars of justice in a so-called democracy.

      • NovaPrime@lemmy.ml
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        6 months ago

        Not at all. The courts are intended to be neutral arbiters of law itself. Congress is the body that should care about what people think.

        • PowerCrazy@lemmy.ml
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          6 months ago

          The law is open to interpretation since language is imprecise. Thinking that the law is some kind of rigid holy truth is extremely naive at best. Or at worst is fascist.

          • NovaPrime@lemmy.ml
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            6 months ago

            I’m not disagreeing with that. I’m disagreeing with your assertion that courts should care about what the people think. If anything, when the law is ambiguous the courts look at the legislative session notes, speeches, drafts…etc to try and figure out what the original intent was (or throw it back to legislature to rework). I never said it’s some kind of rigid holy truth.

            • PowerCrazy@lemmy.ml
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              6 months ago

              Well the original intent of the insurrection clause was to prevent the same senators/congressmen who seceded and started the civil war from being eligible for federal office. This obviously doesn’t apply in Trumps case since there was no civil war and Trump was the lawfully elected president of the US at the time.

                • PowerCrazy@lemmy.ml
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                  6 months ago

                  It was responding to your original assertion.

                  The courts are intended to be neutral arbiters of law itself

                  Which in Trumps case has nothing to do with the original intent of the law (insurrection clause, since no insurrection has taken place.)

                  As for my original assertion. The General Public is absolutely the folks the justice system should be accountable to, after-all government is supposed to be FOR the people. And if The People want to vote for someone who wants to overthrow the government, the courts have no business saying they can’t.

                  So if you think the court shouldn’t care about the general public, then the insurrection clause doesn’t apply. If you think the court should care about the general public, then they have to let the voters decide.
                  In either case Trump belongs on the ballot.