• hddsx@lemmy.ca
      link
      fedilink
      arrow-up
      11
      arrow-down
      2
      ·
      10 个月前

      They explain in the ruling why it doesn’t make sense in the context of when this law was made to have states decide.

      Should a confederate state decide who is eligible to run? No, it should be the federal government

      …or so they argue

      • Ech@lemm.ee
        link
        fedilink
        English
        arrow-up
        14
        arrow-down
        4
        ·
        10 个月前

        So we can just ignore the Constitution when the laws are outdated and don’t make sense anymore? Cool. Let’s do gun control.

        • Ullallulloo@civilloquy.com
          link
          fedilink
          arrow-up
          2
          ·
          10 个月前

          The Constitution says “The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.” SCOTUS isn’t ignoring the Constitution for once.

          • Ech@lemm.ee
            link
            fedilink
            English
            arrow-up
            2
            ·
            edit-2
            10 个月前

            Noteably, SCOTUS doesn’t legislate, nor are they “Congress”. If there is a law saying as much (states can’t control primary ballots), though, sure.

            • Ullallulloo@civilloquy.com
              link
              fedilink
              arrow-up
              1
              arrow-down
              1
              ·
              10 个月前

              Yeah, SCOTUS can’t remove a candidate for insurrection. The only way is if Congress passes a law describing who is.

        • hddsx@lemmy.ca
          link
          fedilink
          arrow-up
          2
          arrow-down
          2
          ·
          10 个月前

          Where did I say that we can just ignore the constitution? Hell, I’ve been downvoted to hell on Reddit for suggesting that rights to firearms is restricted for militias…

      • Varyk@sh.itjust.works
        link
        fedilink
        arrow-up
        2
        ·
        edit-2
        10 个月前

        I couldn’t find a single legitimate reason in that decision to arbitrarily remove the power of the states or the democratic voters to remove a candidate based on very clear strictures in the Constitution, except for the implication that the conservatives would try to use this measure by claiming every valid candidate had somehow committed insurrection.

        But conservatives already basically tried to do that with Biden with their “documents” case for more than 2 years now and it didn’t work, they couldn’t make even that relatively insignificant charge stick.

        In this case, we have a judgment of a candidate liabile of an insurrection that directly violates the presidential oath of office thay previously took.

          • Varyk@sh.itjust.works
            link
            fedilink
            arrow-up
            3
            arrow-down
            1
            ·
            10 个月前

            It is hereby noted that 17 hours ago hddsx said confederate not conservative.

            Someone give you shit about it?

            • hddsx@lemmy.ca
              link
              fedilink
              arrow-up
              0
              ·
              10 个月前

              You ignored the context of the civil war. It wasn’t about liberals or conservatives. It was about the federal government not allowing former confederate states to elect confederates into federal office. In other words, as determined by SCOTUS, this is the constitution explicitly taking power away from states and delegating it to the federal government. Thereby it is NOT a reserved right of the states and the people

              • Varyk@sh.itjust.works
                link
                fedilink
                arrow-up
                2
                ·
                10 个月前

                I haven’t talked about the civil war at all, I think you’re trying to respond to a different commenter.