Is Trump constitutionally barred from being POTUS again?

[turbovol]

A public or elected official was removed from his position in one state because he took part in the insurrection.

So I believe states could remove the gangster from the ballot. Only a mentally ill criminal would try to run for president against after being impeached twice (and rightly so), suffer a conviction of sexual abuse in a case that acknowledged that he raped the victim, and is now facing four separate indictments. The gangster is one SERIOUSLY sick dude.

 

[Thunder Good-Oil]

I think what's /really/ happening is that blatant lawbreakers are being held accountable for their actions. We have to laugh at MAGA--get into their usual high dungeon if somebody kneels during a national anthem--but incite an attack on the Capitol that gets people killed, try to subvert America's democracy and you pretend it's not a problem. Ha, ha, ha. The so-called MAGA patriots. I can smell the hypocrisy from here....

I’m mostly a Libertarian, not a Trumper. But you Leftists are so full of **** and hypocrisy that I’d vote for anybody before your clown candidates.

“Incite an attack that gets people killed”. STFU. The only one KILLED was a rioting protestor. Those that DIED days later had medical issues. But keep on preaching the BS. It’s in the Dem’s playbook.

 

[Thunder Good-Oil]

A public or elected official was removed from his position in one state because he took part in the insurrection.

So I believe states could remove the gangster from the ballot. Only a mentally ill criminal would try to run for president against after being impeached twice (and rightly so), suffer a conviction of sexual abuse in a case that acknowledged that he raped the victim, and is now facing four separate indictments. The gangster is one SERIOUSLY sick dude.

“Gangster”

 

[RockyTop85]

I'm having trouble jumping from the text of the amendment to here. Where's the process? And then, what would a court have to decide in the subsequent lawsuit?

The process would be in individual state statutes, I think, and the court would, I guess, decide whether he engaged in the prohibited conduct. Again, I haven’t read it. May be spelled out in the original law review article.

 

[Velo Vol]

The process would be in individual state statutes, I think, and the court would, I guess, decide whether he engaged in the prohibited conduct. Again, I haven’t read it. May be spelled out in the original law review article.

Reading is work though.

The state would have to have a statute reflecting the language of the constitutional amendment.

 

[RockyTop85]

Reading is work though.

The state would have to have a statute reflecting the language of the constitutional amendment.

I think the statute has to delegate an official to determine whether candidates qualify.

I would think most states have that. see e.g. Kanye 2020.

 

[rekinhavoc]

Sure it can be and may be a way to clean up the Swamp. MTG, Hawley, Cruz Jordan. We would need a Congressional Temp Hire service. Most of the Republicans will be handled in subsequent Trump Indictments.

We need term limits and states with balls to recall the crazies.

 

[RockyTop85]

We need term limits and states with balls to recall the crazies.

I think a constitutional amendment prohibiting gerrymandering and requiring congressional districts to be drawn without regard for political party and/or with a limited number of angles might solve a lot of the problem.

 

[lawgator1]

I think a constitutional amendment prohibiting gerrymandering and requiring congressional districts to be drawn without regard for political party and/or with a limited number of angles might solve a lot of the problem.

The GOP would never go along. The only reason they have the number of seats in the House they do is drawing districts that dilute the power of minorities.

 

[Vol8188]

If it wasn't an insurrection was it "a conspiracy to obstruct rights, official proceeding, and defraud " as charged in the indictment?

My thoughts are it really makes no difference what we think, both sides (some Republicans, a portion) of the aisle will use every tool to classify it as an insurrection no matter what we think. If they can get it through this process it doesn't make any difference what it is called.

The Conspiring to do so shows Intent so it makes no difference and it will be used if they have to do so to eliminate him. Means, Motive & Opportunity. Elements of proof are there. It is what it is.

There will be a ton of chaos, riots, but not as many because of the Jan 6 sentences.

Plenty of people have “means, motive, and opportunity” to do a lot. That doesn’t equate to proof. The overall issue is an attempt to proclaim that taking bad legal advice and believing in a fringe/poor interpretation of the constitution constitutes a crime.

It would be equal to saying we should charge anyone who implements the fringe legal theory this thread is based on with “conspiracy to obstruct an official proceeding and defaud voters”.

It seems odd to only support this going in one direction and not in the other. If trump is a criminal for believing/attempting to implement obscure legal theories, the same would have to be said for anyone removing him from a ballot

 

[Orangeburst]

The GOP would never go along. The only reason they have the number of seats in the House they do is drawing districts that dilute the power of minorities.

if it wasn’t for illegal immigration blue strongholds would lose seats. imagine counting non citizens for apportionment.

 

[lawgator1]

if it wasn’t for illegal immigration blue strongholds would lose seats. imagine counting non citizens for apportionment.

GOP gerrymandering is not driven by Hispanic or immigrant issues.

Soon, DeSantis will order Florida schools to teach that gerrymandering has actually benefited black citizens. And that there is an upside for them now to the lynchings of the 1920s.

 

[Orangeburst]

GOP gerrymandering is not driven by Hispanic or immigrant issues.

Soon, DeSantis will order Florida schools to teach that gerrymandering has actually benefited black citizens. And that there is an upside for them now to the lynchings of the 1920s.

i didn’t say it was..just pointing out the impurity of it. At least your side can take GM to court.

 

[Velo Vol]

I think the statute has to delegate an official to determine whether candidates qualify.

I would think most states have that. see e.g. Kanye 2020.

Maybe there's a statute more on point, but glancing at TN, this provision gives the secretary of state some control over who appears on the ballot, but it doesn't address how a candidate could be disqualified by conduct or other.

2021 Tennessee Code :: Title 2 - Elections :: Chapter 5 - Ballots and Supplies :: Part 2 - Ballots and Supplies :: § 2-5-205. Presidential Preference Primary — Printing of Names on Ballot — Withdrawal of Name

 

[85SugarVol]

The GOP would never go along. The only reason they have the number of seats in the House they do is drawing districts that dilute the power of minorities.

Democrats would never gerrymander.

 

[evillawyer]

Democrats would never gerrymander.

Yes, we have. But it's been done in response to GOP gerrymanders (see New York, where it wasn't even as bad as it could have been). Dems are fine dropping gerrymandering; Republicans aren't. It's the only way Republicans can remain competitive for the House.

 

[rekinhavoc]

I think a constitutional amendment prohibiting gerrymandering and requiring congressional districts to be drawn without regard for political party and/or with a limited number of angles might solve a lot of the problem.

A giant sinkhole. That would work too.

 

[Orangeburst]

Yes, we have. But it's been done in response to GOP gerrymanders (see New York, where it wasn't even as bad as it could have been). Dems are fine dropping gerrymandering; Republicans aren't. It's the only way Republicans can remain competitive for the House.

you act like this nation is so far left leaning..last i looked it is pretty even. this far left nonsense is driving people away

 

[85SugarVol]

Yes, we have. But it's been done in response to GOP gerrymanders (see New York, where it wasn't even as bad as it could have been). Dems are fine dropping gerrymandering; Republicans aren't. It's the only way Republicans can remain competitive for the House.

He hit me first!

 

[Sudden Impact]

Plenty of people have “means, motive, and opportunity” to do a lot. That doesn’t equate to proof. The overall issue is an attempt to proclaim that taking bad legal advice and believing in a fringe/poor interpretation of the constitution constitutes a crime.

It would be equal to saying we should charge anyone who implements the fringe legal theory this thread is based on with “conspiracy to obstruct an official proceeding and defaud voters”.

It seems odd to only support this going in one direction and not in the other. If trump is a criminal for believing/attempting to implement obscure legal theories, the same would have to be said for anyone removing him from a ballot

MMO with intent. This time Trump got caught with his hands in the Cookie Jar. He made decisions vs suggestions with knowledge of knowing he was at risk. He ignored the advice of counsel of which he could be culpable. He was told. He chose to advised to direct and to participate in the planning and execution of the events which culminated on Jan 6.
He knew the risks to reward and advice of counsel both pro and con if he did not succeed. Maybe the first time he has been connected to all the dots directly rather than indirectly.
His mouth, pride, ego and direct participation is what it is and it is provable.
Clearly up to a jury, but with the ranting and raving he has done about it for the last 2.5 years who can find him innocent.
If he is innocent then push the trial forward, get it over with, and go out in win, but yet he needs time to defend himself. The facts are not going to change.
It is not him that bothers me as much as it is the scum in Congress that worships him and would commit more crimes against the Govt if given the chance.
The RICO charge in Atlanta is more appropriate, but get the ball rolling with a simple 4 and out in Washington.
Fringe did you learn a new word he is in this thing up to his hairline. You act like he dipped his toes in the pool.
He could have just kept his mouth shut and he would be a shoo-in. He didn't.
I look at this way, 2.5 years after the election, Trump is still counting Votes vs the Prosecutors, defense lawyers, media and some Republicans are counting the number of years he may serve in prison or confinement.

 

[Sudden Impact]

if it wasn’t for illegal immigration blue strongholds would lose seats. imagine counting non citizens for apportionment.

I don't know the Republican Party as a whole has had a lot of screw ups lately that shifts the independent vote.

 

[RockyTop85]

Maybe there's a statute more on point, but glancing at TN, this provision gives the secretary of state some control over who appears on the ballot, but it doesn't address how a candidate could be disqualified by conduct or other.

2021 Tennessee Code :: Title 2 - Elections :: Chapter 5 - Ballots and Supplies :: Part 2 - Ballots and Supplies :: § 2-5-205. Presidential Preference Primary — Printing of Names on Ballot — Withdrawal of Name

I think it is this:

2021 Tennessee Code :: Title 2 - Elections :: Chapter 5 - Ballots and Supplies :: Part 2 - Ballots and Supplies :: § 2-5-204. Placing of Names on Ballots — Withdrawal or Disqualification of Candidate — Death of Candidate

Er, no, other sections looks like it is more complicated than that.

 

[Sudden Impact]

you act like this nation is so far left leaning..last i looked it is pretty even. this far left nonsense is driving people away

The extremes in both parties are driving their voters away.

 

[RockyTop85]

Maybe there's a statute more on point, but glancing at TN, this provision gives the secretary of state some control over who appears on the ballot, but it doesn't address how a candidate could be disqualified by conduct or other.

2021 Tennessee Code :: Title 2 - Elections :: Chapter 5 - Ballots and Supplies :: Part 2 - Ballots and Supplies :: § 2-5-205. Presidential Preference Primary — Printing of Names on Ballot — Withdrawal of Name

2021 Tennessee Code :: Title 2 - Elections :: Chapter 13 - Political Parties and Primaries :: Part 2 - Selection of Candidates :: § 2-13-201. Conditions for Name Being Shown on Ballot

No person's name may be shown on a ballot as the nominee of a political party for the offices named in § 2-13-202 or for any office to be voted on by the voters of a county, unless the political party:
1. Is a statewide political party or a recognized minor party; and
2. Has nominated the person substantially in compliance with this chapter.

I really don’t know the answer, but somebody has to make these determinations. I assume it is the SOS. It has to be set out somewhere.

 

[Orangeburst]

The extremes in both parties are driving their voters away.

what is extreme with Trump policy?