• NeuromancerOPM
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    6 months 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@lemmy.world
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      6 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.

        • NeuromancerOPM
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          6 months ago

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

      • VindictiveJudge@lemmy.world
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        6 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
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        6 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@lemmy.world
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          6 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
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            6 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

      • NeuromancerOPM
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        6 months 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@lemmy.world
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          6 months 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.