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If fascist win after having Trump removed from the ballot then it makes it even harder to legitimately argue that a particular candidate should stay on a future ballot.
If fascists take over the US, there will never be another legitimate election whether or not we take the correct legal action prior to that point.
But we're talking Beer Hall Putsch leniency on Trump, and all that does is empower the actual fascists to take more extreme action knowing they will never face consequences. People are terrified that if they don't give in to fascists, fascists won't play fair.
Guess what? Fascists already won't play fair.
But when the good guys don't play fair they can become fascists.
Sure. Show me proof the good guys aren't playing fair taking an insurrectionist off the Ballot because the Constitution demands it.
See the conclusions of 2 states and the Senate.
Preponderance of evidence. The first state concluded the opposite. And the court system seems the right place to challenge.
Or are you suggesting all 50 states need to unanimously agree or he gets off? Because that goes to being a higher burden of proof instead of a lower one.
I'm suggesting the Senate decides on impeachment for insurrection and all 50 states abide by that decision.
Why? Congress is only a law enforcement body in exactly one scenario. That's not what congress was made for.
Congress, the Senate and the presidency were made together, each checking and balancing the other.
Of course they are the ones who rule on eligibility.
The 14th Amendment didn't exist when the country was founded. When the 14th Amendment did exist, its authors recognized the real risk of Congress being complicit in treason. In fact, Trump's initial defense is that "President" isn't an officer and that this only involved Congress.
Are you telling me that the authors of the 14th Amendment thought "if the traitors manage to get a majority in congress, then we don't remove them for treason anymore"?
...it sounds like you're following this idealistic and oversimplified view of government. The dissenting judges in the Colorado case brought up a few reasonable arguments, but the ones you're citing aren't them. Nowhere in the Constitution does Congress get the right to prevent a candidate from running for president. In fact, THAT is intentional because Congress is a political body.
Yeah. The clue is in the name.
If traitors become the majority, are they still traitors?
But the Senate did have that opportunity, and didn't reach majority.