this post was submitted on 14 Nov 2023
368 points (95.8% liked)

politics

19072 readers
4373 users here now

Welcome to the discussion of US Politics!

Rules:

  1. Post only links to articles, Title must fairly describe link contents. If your title differs from the site’s, it should only be to add context or be more descriptive. Do not post entire articles in the body or in the comments.

Links must be to the original source, not an aggregator like Google Amp, MSN, or Yahoo.

Example:

  1. Articles must be relevant to politics. Links must be to quality and original content. Articles should be worth reading. Clickbait, stub articles, and rehosted or stolen content are not allowed. Check your source for Reliability and Bias here.
  2. Be civil, No violations of TOS. It’s OK to say the subject of an article is behaving like a (pejorative, pejorative). It’s NOT OK to say another USER is (pejorative). Strong language is fine, just not directed at other members. Engage in good-faith and with respect! This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
  3. No memes, trolling, or low-effort comments. Reposts, misinformation, off-topic, trolling, or offensive. Similarly, if you see posts along these lines, do not engage. Report them, block them, and live a happier life than they do. We see too many slapfights that boil down to "Mom! He's bugging me!" and "I'm not touching you!" Going forward, slapfights will result in removed comments and temp bans to cool off.
  4. Vote based on comment quality, not agreement. This community aims to foster discussion; please reward people for putting effort into articulating their viewpoint, even if you disagree with it.
  5. No hate speech, slurs, celebrating death, advocating violence, or abusive language. This will result in a ban. Usernames containing racist, or inappropriate slurs will be banned without warning

We ask that the users report any comment or post that violate the rules, to use critical thinking when reading, posting or commenting. Users that post off-topic spam, advocate violence, have multiple comments or posts removed, weaponize reports or violate the code of conduct will be banned.

All posts and comments will be reviewed on a case-by-case basis. This means that some content that violates the rules may be allowed, while other content that does not violate the rules may be removed. The moderators retain the right to remove any content and ban users.

That's all the rules!

Civic Links

Register To Vote

Citizenship Resource Center

Congressional Awards Program

Federal Government Agencies

Library of Congress Legislative Resources

The White House

U.S. House of Representatives

U.S. Senate

Partnered Communities:

News

World News

Business News

Political Discussion

Ask Politics

Military News

Global Politics

Moderate Politics

Progressive Politics

UK Politics

Canadian Politics

Australian Politics

New Zealand Politics

founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
[–] IHeartBadCode@kbin.social 129 points 1 year ago (3 children)

Remember. He is a felon. That means he cannot vote in an election, but he absolutely can be elected to created laws. It's so weird thinking about that out loud.

[–] space_gecko@lemmy.world 68 points 1 year ago (2 children)

To be fair, allowing felons to run for office means that a leader's political enemies can't be charged with phony crimes in order to prevent them from running for office. It's a safeguard against authoritarianism.

[–] trebuchet@lemmy.ml 20 points 1 year ago

But ironically in this case, it means someone who illegally rebeled in support of an authoritarian overthrow of democracy is given another chance to support authoritarianism.

[–] balderdash9@lemmy.zip 8 points 1 year ago

Yeah we don't want political shenanigans to happen that easily. Looking at you, India.

[–] FuglyDuck@lemmy.world 59 points 1 year ago* (last edited 1 year ago) (2 children)

Actually? He served in the military (US navy,) and took an oath to defend and uphold the constitution,

The 14th absolutely applies, and he is ineligible to hold any public office - including city-level positions.

[–] MedicPigBabySaver@lemmy.world 12 points 1 year ago (2 children)

Of course, we want him to be ineligible. Yet, there's zero legal authority that has ruled him ineligible.

Keep dreaming that it'll happen. We're truly in the "Twilight Zone" of retardedville.

[–] FuglyDuck@lemmy.world 6 points 1 year ago* (last edited 1 year ago) (3 children)

The constitution has zero legal authority.

Huh. TIL! Edit: 1, 2, 3.

The constitution is the single highest legal authority in the US. No law may be written violating it. It sets the legal basis for the existence of the US government, describes the nature of how it is to be run, and who is eligible to hold office. It esposues rights and processes.

the entire basis of the legal system depends on the us constitution, and it's amendments, both as the guiderails and the source of authority. So when the 14th amendment, section 3 says that a person who having previously taken an oath to defend the constitution and then leads an insurrection is ineligible; they're ineligible. There's really no mincing words on that one.

Unless perhaps, you're arguing that the insurrection on jan 6 wasn't in fact, an insurrection. (perhaps you suggest they were just... tourists?). Even though their stated goal was to disrupt and stop the lawful proceedings of congress- specifically counting the votes as cast by the electoral college.

Jacob Chansley served in the US navy, therefore he's taken an oath to defend the constitution. he particapted (most... LARPishly...) in the jan 6 insurrection.

[–] jjjalljs@ttrpg.network 6 points 1 year ago (1 children)

I don't disagree with you, but I would make the argument that laws only matter when they're enforced. If the law says "You can't do X" and a bunch of goons do X, what happens?

Someone backs down, or violence, probably.

So if the 14th amendment says he can't run, that only matters if it's enforced. Do you think it's going to be enforced?

[–] FuglyDuck@lemmy.world 1 points 1 year ago

It does t say he can’t run.

It doesn’t even say he can’t be elected.

But he can’t hold the office. Either congress (both senate and reps,) agrees to let him in by a 2/3’s vote or they call the sergeant at arms and go from there.

As for which way that goes… it depends highly on who has power in the next cycle, and you’re right about laws not being enforced, which is why I’m increasingly pessimistic about our future as a country.

[–] docAvid@midwest.social 2 points 1 year ago (1 children)

You seem to have missed the key word, "ruled", but nice rundown.

[–] FuglyDuck@lemmy.world 0 points 1 year ago (1 children)

There is neither a mandate he be “ruled” ineligible by any entity. The constitution as written has already deemed him ineligible by the simple facts:

-he took an oath to defend the constitution -he participated in an insurrection.

The constitution lays out other requirements, as well, elsewhere, including being of a certain age (30 senate, 25 for rep.) the courts don’t rule anyone whose 24 ineligible- they just are.

They can be expelled easily when they got to take office. “Uh nope. Weren’t you that guy? Yes? Well buhbye. Aren’t you supposed to be in jail?!”

[–] docAvid@midwest.social 1 points 1 year ago

Who do you think is going to do this expelling? Do you imagine that there is some meta-governmental body, at the highest level, that can be relied upon to block anybody who isn't following the rules, other than a court? Nobody 24 runs, because they know they would be ruled ineligible. Ultimately, government works because of functioning institutions. The Supreme Court is not, currently, a functioning institution.

But nevermind that. The point is that, if you wanted to suggest that a ruling wouldn't, or shouldn't, be necessary, you could have said so, but you did not. You said that, if no legal authority had ruled him ineligible, that must mean the Constitution has zero legal authority. The Constitution doesn't make rulings. Your comment was entirely unrelated to the comment you were responding to, because you ignored the word "ruled", whether you think a ruling is necessary or not.

[–] frezik@midwest.social 3 points 1 year ago

Don't worry about it too much. All a libertarian ballot is going to do is take votes away from the Republican candidate.

[–] Madison420@lemmy.world 6 points 1 year ago

Bingo, the tea party basically created the "do you uphold your oath" shit to cops, they should probably know better.

[–] TheJims@lemmy.world 22 points 1 year ago

Remember, he’s also a moron.