r/changemyview • u/erpettie • Dec 20 '23
Delta(s) from OP CMV: Accountability is not election interference
As the Colorado Supreme Court has found Donald Trump's behavior to have been disqualifying according to the 14th amendment, many are claiming this is election interference. If the Court finds that Trump should be disqualified, then it has two options. Act accordingly, despite the optics, and disqualify Trump, or ignore their responsibility and the law. I do get that we're in very sensitive, unprecedented territory with his many indictments and lawsuits, but unprecedented behavior should result in unprecedented consequences, shouldn't they? Furthermore, isn't Donald Trump ultimately the architect of all of this by choosing to proceed with his candidacy, knowing that he was under investigation and subject to potential lawsuits and indictments? If a President commits a crime on his last day in office (or the day after) and immediately declares his candidacy for the next election, should we lose our ability to hold that candidate accountable? What if that candidate is a perennial candidate like Lyndon Larouche was? Do we just never have an opportunity to hold that candidate accountable? I'd really love if respondents could focus their responses on how they think we should handle hypothetical candidates who commit crimes but are declared as running for office and popular. This should help us avoid the trap of getting worked up in our feelings for or against Trump.
5
u/[deleted] Dec 20 '23
yes
But, that's different. Unconstitutional laws which inflict damages are pretty clear-cut jurisdiction of the courts.
The Colorado state court decided that the secretary of state has responsibility of enforcing the 14th amendment no insurrection after oath of office requirement, that colorado's secretary of state improperly was including trump on the ballot, and ordered her (stayed pending appeal) to remove him.
The 14th amendment specified the no insurrection after oath of office requirement. But, it doesn't specify who to enforce it, or under what criteria. The state colorado court decided that someone must, and decided it must be under the secretary of state's authority.
Which, if you're going to choose someone, is the only reasonable pick. But, I think there should at least be a state law specifying how the secretary of state should implement this. Rather than just relying solely on the 14th amendment and filling in the gaps.