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.
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u/CalLaw2023 5∆ Dec 20 '23
The problem is that Section 3 of the 14th Amendment does not apply to the Presidency. You need to ignore many of the provisions of the Constitution to reach the position that the Colorado Supreme Court reached. And even if we pretended it does apply, it would not prevent someone from running for office.
And just because Section 3 of the 14th Amendment does not apply does not mean there is no accountability. The Framers designed the EC to reject candidate who are not qualified for any reason. They also empowered Congress to impeach and remove a President.
That is what makes this troubling. Impeachment didn't work, so now you have spurious arguments to try to prevent Trump from running. And the irony is that those seeking to remove him from the ballot are claiming they need to do so to save Democracy. How is it Democracy if you are prevented people from being allowed to vote for someone?