Remember, there is a mechanism that prevents criminals from winning elections and holding offices, it's the one that's the best one in a democracy. The voters.
It's not good to give governments the power to decide who does and doesn't deserve to hold authority, it is good to let voters decide if someone's crimes are relevant to the election.
Sadly, it seems many Americans do not agree with me that trump is not suitable for office. Hopefully enough do that they decide not to vote for him
The concern of the founding fathers was that one state would have political reasons to rush a trial and get a legitimate candidate convicted of a crime in their court. If the conviction was legitimate, it was supposed to be handled by the Electors of the Electoral College.
Our lack of laws around the POTUS are a glaring. It's insane that a judge can preside over a case where the defendant is a former president who appointed them. Like Judge Cannon and 3 members of the SCOTUS.
Don't forget, it's not like he has a right to the presidency. The president is voted in. So technically speaking the people decide if the felonies make a difference or not
Also, you can't vote in many regressive, discriminatory states but they'd like up in their Klan hoods to vote this felon into office as there is no restriction on becoming president. Rules for thee
My man Eugen Debbs ran from prison in the early 1900s. He was thrown in prison for speaking out again the war (the first amendment wasn’t much protection back in the day).
It is good that he could run, since he was a political prisoner. He advocated for the common man against the corrupt institutions.
Keep in mind that the founding fathers were guilty of what would have been considered a lot of grave crimes by England, which was formerly the jurisdiction that applied to them.
So they probably wouldn't have had a huge appetite for blocking political rights of criminals given their recent standing.
And if he wins again, he's going to Pardon everybody who buys one from him. Including himself. Because there's no law against it, and nobody thought that there ever needed to be for that either.
The "bad publicity" when he is an odious asshole? His base loves that, they think they all should be able to say that stuff out loud.
Legal problems? Well they firmly believe it's just a conspiracy to witch hunt and every case serves only to fuel their persecution complex
Anything else? Lies by the liberal media, they see the truth on Fox News. When Fox News even reports on it, then they shun them and off to newsmax or just their favorite Facebook posts.
Yes, and it's important that felons be able to run for president. Were that not the case, a corrupt enough system could just disqualify anyone that would seek to oust it.
But, it must also be pointed out that that's another case of good faith actors getting fucked by assholes. In theory this sounds good, like free speech and tolerance for all. But when you are dealing with criminals and sociopaths those virtues get used against you.
Absolutely, and it's infuriating. The only thing that can stand between criminals and sociopaths is the vote, and a too much of the vote is controlled by morons.
Yup! Because that's the law. The original idea was to keep people in power from being able to outmaneuver their opponents by having them arrested. That was back when politicians and corporations had some level of public accountability though.
Debs ran from prison (for the high crime of telling people that WWI was none of our business and people shouldn't enlist to get turned toa pink mist in Belgium) in 1920
As for voting as a felon, that varies state to state. I don't think there's anyplace that allows people to vote from prison, but quite a few states let convicted felons vote once they've completed their sentence and any parole that follows it (and in some states, pay additional fines, which sounds a bit like a poll tax to me, but I'm not one of our nine kritarchs, so what do I know about that sort of thing?)
As for people running for office when they couldn't vote, Elizabeth Cady Stanton ran for office well before she could have voted, and the first woman elected to Congress (Jeanette Rankin) was elected in 1916, several years before women's suffrage was added to the constitution, though her state, Montana, had allowed women to vote already.
We do amend the Constitution from time to time, but it takes a 2/3 vote in both houses of Congress, plus ratification by 3/4 of states. so it's quite a high bar.
Just because an idea is old, doesn't mean its a bad idea. And we do have mechanisms for modifying the constitution. We just don't do it often because it requires a lot of agreement.
Yeah it's because Americans are fucking terrible at governing.
The vast, vast majority of Americans do not care about their elected officials. Most do not even know who they are, and just vote based on party affiliation or don't vote at all. Our government structure also fundamentally doesn't work, and we would be far better served adopting a parliamentary system like the rest of the developed world, but nobody cares enough to do anything. Our courts are corrupt thanks to Donald Trump, gerrymandering means our elections are hardly fair, the list goes on.
America has an apathetic government that accomplishes very little and is easily captured by hostile forces because it is exactly the level of government Americans are willing to put in the effort for.
We don't have parliamentary supremacy. What we have is what we have. A rough equivalent is that (assuming you're a UK citizen) the Lords could still veto bills and the Commons couldn't force the issue.
The Constitution doesn't do that, that's up to the states. Also, you don't have to be eligible to vote to be the president. The US Constitution outlines the only eligibility requirements for the president.
The congress can still impeach Trump for a third time even though he's not in office, and if the Senate convicts, they can ban him from ever holding public office again.
Yes. And he's not the first to run a campaign from prison (though he likely won't go to prison for the 34 felonies. Prison is extremely rare for those kinds of charges. even if he wasn't trump.)
Not only is the substance of the charge different, Cohen's crimes were federal where Trump's conviction is state.
the charges that trump is guilty of, the sentencing very, very rarely includes prison time. (because we live in a fucked up country where you can get away with anything as long as you're a business.)
Yes. The constitution is actually shockingly specific about what the qualifications are. Article II, Section 1, Clause 5:
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
No other qualifications can be considered, barring a Constitutional Amendment.
Where does it say that no other qualifications can be considered? It certainly lists a lot of qualifications that are required, but doesn't say that it's an exhaustive list.
Those are not the minimum qualifications. They should be read as “anyone who meets them is eligible” rather than “no one who fails to meet them is eligible.” The Rehnquist court found that states could not add a felony exclusion for Congressional candidates in the 1990s and that is broadly considered to extend to the Presidency as well. https://www.oyez.org/cases/1994/93-1456
If the constitution doesn’t say it, it’s not typically intended to be assumed true. The constitution doesn’t say that felons can’t be president - so we can’t assume that the states or congress could pass laws forbidding them from being president. It specifically says you can’t be president if you’re 34 or were not born a US citizen. If the writers wanted to exclude felons, they would have said so.
The 35 year old requirement seems bizarrely high to me, I can't see why a smart and capable 32 year old should be prevented from running for the office. A minimum age makes sense, but it's weird that it's far removed from when most states start to legally treat kids as adults (anywhere from 16 to 21).
The current record for number of US presidental votes received while in prison is about 1,000,000. Eugene V. Debs is the record holder, and that election was in 1920. Trump just may beat him this year. There is no law that says you can't be president while in prison.
Question: How the shit does the US legal system claim that “High crimes and Misdemeanors” disqualifies someone from being President, but 34 FELONIES is ok?
Answer: because the people in charge don’t care.
I’m glad he’s been convicted but any idiot can see that this should disqualify him.
It's because the mechanism for adjudicating the high crimes and misdemeanors resides in the legislative branch. They have to adopt articles of impeachment and then convict and remove the President.
If any state crime felonies could automatically disqualify a candidate it would create perverse incentives that should not reside within the power of one state, because of the abuse potential. For example, Texas could drag Biden into court on felony jaywalking charges.
Yes. The "why" is that in 1787 it was unthinkable that a felon would be elected President by the Electoral College. The electors wouldn't bother voting for a felon.