The Student Room Group

Trump ineligible to run for president in Colorado and Maine in 2024 Election

Scroll to see replies

A similar motion has failed in Michigan so trump on the ballot there
Update he’s blocked from the Maine presidential ballot in 2024 as well:
https://www.bbc.com/news/world-us-canada-67837639
Reply 22
Original post by Talkative Toad
Update he’s blocked from the Maine presidential ballot in 2024 as well:
https://www.bbc.com/news/world-us-canada-67837639

Can i just confirm the legal basis for these (14th amendment) is based on the fact that Congress impeached him despite the fact that the Senate aquited him (essentially why the Supreme Court is likely to clear him since its not the place of state courts outside Washington DC to convict him of insurrection).
Original post by Rakas21
Can i just confirm the legal basis for these (14th amendment) is based on the fact that Congress impeached him despite the fact that the Senate aquited him (essentially why the Supreme Court is likely to clear him since its not the place of state courts outside Washington DC to convict him of insurrection).


It looks like the 14th Amendment was the reason given but there’s more information here as well:
https://www.bbc.co.uk/news/world-us-canada-66690276
https://www.bbc.co.uk/news/world-us-canada-67779740
Original post by Rakas21
As somebody that's not a massive Trumpia I'd say it does look dodgy because not everybody believes that Trump is guilty of insurrection including I and if I don't then millions to the right of me probably don't.

Guilty of being an idiot, yes. But guilty of masterminding a coup, no. It's the police's job to stop protests, not his and not telling them to go home is not a crime.

It's also suspect that a Colorado Court could really be making this ruling given that the crime committed was in Washington DC.

But this isn't a criminal punishment, it's an eligibility requirement. We don't need a conviction to know that Arnold Schwarzenegger is ineligible for the presidency because he's not a US citizen by birth, or Alexandria Ocasio-Cortez because she's younger than the minimum age requirement, or George Bush because he's already served two terms.

Similarly, many of the former Confederates barred from office under the 14th Amendment when it was initially passed were never formally convicted. It would have taken years to process them all through the criminal courts, and imprisoning that many people would have been wildly impractical (not to mention, in some cases, violating some Confederate units' terms of surrender). But barring them from political office was much easier to do.
Reply 25
Original post by Talkative Toad
It looks like the 14th Amendment was the reason given but there’s more information here as well:
https://www.bbc.co.uk/news/world-us-canada-66690276
https://www.bbc.co.uk/news/world-us-canada-67779740

Then i'm struggling to see why they are doing this.

Either they think they can argue that a federal matter is a state matter which is stupid since the 'insurrection' was not committed in Maine or they think that the Senate was wrong and that they can make whatever rulings they want.

I'd be suprised if even a Democrat Supreme Court struggled with this one.
Reply 26
Original post by anarchism101
But this isn't a criminal punishment, it's an eligibility requirement. We don't need a conviction to know that Arnold Schwarzenegger is ineligible for the presidency because he's not a US citizen by birth, or Alexandria Ocasio-Cortez because she's younger than the minimum age requirement, or George Bush because he's already served two terms.

Similarly, many of the former Confederates barred from office under the 14th Amendment when it was initially passed were never formally convicted. It would have taken years to process them all through the criminal courts, and imprisoning that many people would have been wildly impractical (not to mention, in some cases, violating some Confederate units' terms of surrender). But barring them from political office was much easier to do.

The question here then is whether any of those confederates appealed the decision and how the courts ruled back then as the only precedent.
Original post by Rakas21
The question here then is whether any of those confederates appealed the decision and how the courts ruled back then as the only precedent.

The more relevant precedent is that the case of Confederates got some legislative clarity - Congress passed the Enforcement Act in 1870 to specify a process by which the act would be enforced, and then the Amnesty Act in 1872 which narrowed disqualification to a specific list of Confederate leaders.

Now, SCOTUS could take the position that as there's no comparable legislation regarding Trump's coup attempt, they don't really have anything specific to go on to determine his eligibility. But it's probably going to be difficult to simultaneously say there's no formal standard for disqualification while also ruling that Colorado and Maine's measures don't meet it. For a clearer, more unambiguous decision, they'd have to set a standard themselves.
Reply 28
Original post by anarchism101
But this isn't a criminal punishment, it's an eligibility requirement. We don't need a conviction to know that Arnold Schwarzenegger is ineligible for the presidency because he's not a US citizen by birth, or Alexandria Ocasio-Cortez because she's younger than the minimum age requirement, or George Bush because he's already served two terms.

Similarly, many of the former Confederates barred from office under the 14th Amendment when it was initially passed were never formally convicted. It would have taken years to process them all through the criminal courts, and imprisoning that many people would have been wildly impractical (not to mention, in some cases, violating some Confederate units' terms of surrender). But barring them from political office was much easier to do.

Whether someone "engaged in insurrection" is much more of a judgement call than someone's age or country of birth.

"Engaged in insurrection" according to whom? If they genuinely engaged in insurrection, shouldn't they have been convicted of this?

If it doesn't require a conviction, that could lead to incredibly flimsy accusations of "engaging in insurrection" to try to remove candidates from ballots.
Original post by AF2Dr
Whether someone "engaged in insurrection" is much more of a judgement call than someone's age or country of birth.

"Engaged in insurrection" according to whom? If they genuinely engaged in insurrection, shouldn't they have been convicted of this?

If it doesn't require a conviction, that could lead to incredibly flimsy accusations of "engaging in insurrection" to try to remove candidates from ballots.


Surely the civil burden of proof should at least apply on engaging in insurrection as an eligibility criterion?
Original post by Rakas21
Then i'm struggling to see why they are doing this.

Either they think they can argue that a federal matter is a state matter which is stupid since the 'insurrection' was not committed in Maine or they think that the Senate was wrong and that they can make whatever rulings they want.

I'd be suprised if even a Democrat Supreme Court struggled with this one.


I can see why they are doing this but it does look like a way to simply not allow Trump to run.
https://www.theguardian.com/us-news/2024/mar/04/trump-scotus-colorado-ruling

As expected, the Democrat judges in Colorado have failed in their bid to keep Trump off the ballot.

Supreme Court ruling is essentially that state courts do not have the authority to prevent somebody from contesting a federal ballot.
The above is good news. Trump, whatever you think of him, should be on the ballot
Utterly embarassing for these State authorities. A 9-0 unanimous decision including Jackson, Sotomayor and Kagan is telling these radicals something.

Quick Reply

Latest

Trending

Trending