• FuglyDuck@lemmy.world
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    11 months ago

    I feel like we’ve gone through the part where I disagreed with you. Then you reacted by misinterpreting my comment. Then, I explained everything, and now, we both know that there’s nothing factually wrong with what I said, but you are still somehow trying to make new arguments. There’s nothing to win here, and in fact, your last argument is quite low quality, trivial to refute.

    No, but, we’ve apparently got to the point, where you feel the need to insult my intelligence, while still ignoring the point.

    The purpose of the frosty analogy is simple: it’s absurd for any one to make any argument- no matter how reasonable and then assert that that is how it is. The fact- which you keep glossing over- is that we have never faced this particular question before, and the constitution’s sole input is “congress gets to do it.”

    There’s long precedent, of course, that ineligible people may be kept off the ballot… but there’s really no solid argument at all for insisting they must be kept off- indeed, precedent is against you here, in the 1918 matter of Victor Berger- whose conviction under the espionage act prompted the senate to call a special committee to enforce section three.

    I don’t know that anyone tried to keep Berger off the ballot; but he was in fact, elected and unseated twice. The fact is, these cases are in entirely uncharted water, and we can argue all we want on the internet. But those arguments provide zero influence into how the courts will decide the matter- and for better or worse, it’s the courts who will decide these things.

    is trump ineligible? certainly. But the constitution itself provides no clarity in how the enforcement mechanism is supposed to work, and outside some rando commissioner in New Mexico that got outed from a state position, Berger is the last person to be held ineligible- and the only person who was not a confederate.

    If you followed MN’s ruling on the matter, the judge basically decided that there was no law nor state-constitutional clause prohibiting Trump from being nominated by the state’s republican party. Because there is none. Every state is going to have to figure out that matter for themselves- and when (if?) trump wins in november; then it becomes a matter for congress.