14th didn’t say it’s up to Congress either. The Supreme Court said that, and now it’s up to Congress to decide what that looks like. The constitution lets the legislative bodies setup their own rules for how a lot of things function.
I’m not sure I even disagree with the idea that it needs to be done at the Federal level. If individual states can do it, then Republicans will start declaring that everything they don’t like is an insurrection (as their rhetoric already does on many issues) and remove Democrats from ballots.
Whether that means it has to be the legislature and what that looks like are different questions.
This was actually a 9-0 decision. Being a cynic is definitely justified by the state of our government, but you should have some ideas what your being cynical about.
Nothing here says that one party gets to define anything. Also, the court did not say that the Senate must agree by a 2/3 majority, only that Congress must decide. The text of the constitution does clearly make section 3 self executing but, unhelpfully, it does not tell us who determines that an insurrection occurred or whether a particular person is guilty of participation.
It clouds the issue even further that the previous vote failed in the Senate, but would have passed by a simple majority. It could well be that some who voted in favor of impeachment might have voted otherwise if a simple majority were required. I think a simple majority should be sufficient in this case, but that vote never occurred.
Personally, I’m not sure it would be a good thing to remove Trump from the ballot. I think it will be far better for the nation to defeat him at the ballot box. If Trump can actually win, then we are doomed anyways.
Trump is uniquely bad as a human being, but he is not uniquely bad as a potential Republican president. There are plenty of Republicans that would be worse, simply because they are competent and, for many milquetoast Americans, far more persuasive.
I am specifically talking about the current situation. It’s no good to defeat Trump if we don’t also defeat Trumpism.
Judicial review is always about policymaking. That is frankly a massive subject. Where the constitution and/or legislation is unclear, yes, it typically falls to the courts to interpret. However, that’s not even terribly relevant here, since what the court did is throw it to Congress to make the policy decision.
What does this have to do with the topic we are discussing? Yeah, that was complete bullshit. If the argument is that the Supreme Court is illegitimate, then I’m with you. However, this particular ruling probably wouldn’t be impacted by a change in the makeup of the court since, as I pointed out, it was a 9-0 ruling. Replace all three of Trump’s nominees with judges that agree with you, and you still lose 6-3.
Personally I think Biden should have stuffed the court with one judge for each Federal district (13). Even if he did that, and all the new judges took your perspective, you still lose 9-4.
14th didn’t say it’s up to Congress either. The Supreme Court said that, and now it’s up to Congress to decide what that looks like. The constitution lets the legislative bodies setup their own rules for how a lot of things function.
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I’m not sure I even disagree with the idea that it needs to be done at the Federal level. If individual states can do it, then Republicans will start declaring that everything they don’t like is an insurrection (as their rhetoric already does on many issues) and remove Democrats from ballots.
Whether that means it has to be the legislature and what that looks like are different questions.
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This was actually a 9-0 decision. Being a cynic is definitely justified by the state of our government, but you should have some ideas what your being cynical about.
Nothing here says that one party gets to define anything. Also, the court did not say that the Senate must agree by a 2/3 majority, only that Congress must decide. The text of the constitution does clearly make section 3 self executing but, unhelpfully, it does not tell us who determines that an insurrection occurred or whether a particular person is guilty of participation.
It clouds the issue even further that the previous vote failed in the Senate, but would have passed by a simple majority. It could well be that some who voted in favor of impeachment might have voted otherwise if a simple majority were required. I think a simple majority should be sufficient in this case, but that vote never occurred.
Personally, I’m not sure it would be a good thing to remove Trump from the ballot. I think it will be far better for the nation to defeat him at the ballot box. If Trump can actually win, then we are doomed anyways.
Trump is uniquely bad as a human being, but he is not uniquely bad as a potential Republican president. There are plenty of Republicans that would be worse, simply because they are competent and, for many milquetoast Americans, far more persuasive.
So you think that candidates should ve defeated at the ballot box and not by judicial decree, but judicial decree is perfectly okay for policymaking.
I am specifically talking about the current situation. It’s no good to defeat Trump if we don’t also defeat Trumpism.
Judicial review is always about policymaking. That is frankly a massive subject. Where the constitution and/or legislation is unclear, yes, it typically falls to the courts to interpret. However, that’s not even terribly relevant here, since what the court did is throw it to Congress to make the policy decision.
Removed by mod
What does this have to do with the topic we are discussing? Yeah, that was complete bullshit. If the argument is that the Supreme Court is illegitimate, then I’m with you. However, this particular ruling probably wouldn’t be impacted by a change in the makeup of the court since, as I pointed out, it was a 9-0 ruling. Replace all three of Trump’s nominees with judges that agree with you, and you still lose 6-3.
Personally I think Biden should have stuffed the court with one judge for each Federal district (13). Even if he did that, and all the new judges took your perspective, you still lose 9-4.