Do you think this helps conservatives?

This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.

donner

Sharpshooter
Special Hen
Joined
Oct 22, 2005
Messages
5,892
Reaction score
2,092
Location
Oxford, MS
I'm not saying it's unconstitutional because I disagree with it, I'm saying I question it because it is discriminatory, especially in it's intent as they are trying to control who will be on the ballot, and it's definitely not a requirement laid forth by the Constitution. Finally, how far do we go here? Imagine the uproar if we required genetic testing results to be disclosed to be on a ballot?

With regard to the insistence on the whataboutism. It certainly is, because this particular issue has not been legally tested. Now if you insist it's the same on your criteria.... then... I certainly hope you have the conviction here to defend any "Assault Rifle" ban employed by the democrats going forward. I mean, other states have those laws, they've been allowed to stand, and The Constitution doesn't name them specifically.

again, how does it discriminate? if you've answered that then i apologize for missing it, but i don't believe you've ever shown how it is discriminatory. As written it does not appear to exclude anyone and would apply equally across the board to those running for president in california. If trump complied then he'd be allowed on the ballot. but if he chooses not to then that isn't the fault of the state per se, but a choice he would make (much like running for office in the first place).

If it hasn't been tested then we clearly have to look towards other examples that are similar since nothing explicit exists, correct? In this case that would be the fact that other laws governing primary ballot access exist and have been allowed to stand. I cannot directly disprove your argument that it is discriminatory because, as you said, no examples seem to exist that would support or not support your position (or mine). However, there are examples where states have put in place regulations regarding primary ballot access that have not been overruled as discriminatory. Will this one survive? That is tough to say, but on the whole i'd say that the current system would favor the state in terms of established history of being a state issue for setting primary ballot access.

With regards to the 2A issue, well there is caselaw that we can look at in regards to where states can and cannot place restrictions. And that caselaw seems to be ever changing right now. And borrowing laws from other states certainly cuts both ways. Mississippians are a bit concerned because we modeled our enhanced carry law after Florida, which just had parts of its law struck down.

And, as i said, i don't have to say where it ends as i'm not advocating for anything. Maybe the courts will say where it ends, maybe the legislators, maybe the people.
 

inactive

Sharpshooter
Special Hen
Joined
Apr 30, 2009
Messages
7,158
Reaction score
903
Location
I.T.
As written it does not appear to exclude anyone and would apply equally across the board to those running for president in california.

Actually a small point of clarification: it only affects those running in a party primary. A candidate does NOT have to meet the disclosure requirement to appear on the general election.

If it does more to dilute party affiliation and encourage more independent candidates, I actually like that, even if I think it's a ridiculous requirement. Unconstitutional, no. Silly, yes. Let the people vet their party primary candidates by the info they choose to disclose (and refuse to disclose).
 

JD8

Sharpshooter
Supporting Member
Special Hen Supporter
Joined
Jun 13, 2005
Messages
32,901
Reaction score
45,996
Location
Tulsa
[
again, how does it discriminate? if you've answered that then i apologize for missing it, but i don't believe you've ever shown how it is discriminatory. As written it does not appear to exclude anyone and would apply equally across the board to those running for president in california. If trump complied then he'd be allowed on the ballot. but if he chooses not to then that isn't the fault of the state per se, but a choice he would make (much like running for office in the first place).

If it hasn't been tested then we clearly have to look towards other examples that are similar since nothing explicit exists, correct? In this case that would be the fact that other laws governing primary ballot access exist and have been allowed to stand. I cannot directly disprove your argument that it is discriminatory because, as you said, no examples seem to exist that would support or not support your position (or mine). However, there are examples where states have put in place regulations regarding primary ballot access that have not been overruled as discriminatory. Will this one survive? That is tough to say, but on the whole i'd say that the current system would favor the state in terms of established history of being a state issue for setting primary ballot access.

With regards to the 2A issue, well there is caselaw that we can look at in regards to where states can and cannot place restrictions. And that caselaw seems to be ever changing right now. And borrowing laws from other states certainly cuts both ways. Mississippians are a bit concerned because we modeled our enhanced carry law after Florida, which just had parts of its law struck down.

And, as i said, i don't have to say where it ends as i'm not advocating for anything. Maybe the courts will say where it ends, maybe the legislators, maybe the people.

Again, if it's outside of the requirements set forth by The Constitution then what is it's purpose? You are forcing someone to provide financial information to be on a ballot, knowing full well that it could be used against them. Again, I'm excluding Trump, because we all know what they are trying to do. However, the bigger picture is that this is a slippery slope that will be used for discrimination. Where does it end? You will get red vs blue states, each having their own requirements and it will muddy the water more than existing laws you complain about, already have. Back to my point though, you can go back through history and find a number of Presidents with a not so perfect financial history. I mean if we were to go full tilt on this then I'd love to see a full disclosure from anything the Clintons have been involved in.
 

SMS

Sharpshooter
Supporting Member
Special Hen Supporter
Joined
Jun 15, 2005
Messages
15,317
Reaction score
4,266
Location
OKC area
Again, the Constitution, through it's language and lack of language, gives States the authority, right, power whatever, to run their elections how they see fit as long as they do not violate the rights of citizens set forth in the Constitution.

Tell me where the Constitution says anyone should be allowed to be on a State's political party primary ballot with no interference or regulation by said State or political party? You can't, because it doesn't exist. The general rule in effect here is if the Constitution is silent then it is a power reserved for the States.
 

JD8

Sharpshooter
Supporting Member
Special Hen Supporter
Joined
Jun 13, 2005
Messages
32,901
Reaction score
45,996
Location
Tulsa
Again, the Constitution, through it's language and lack of language, gives States the authority, right, power whatever, to run their elections how they see fit as long as they do not violate the rights of citizens set forth in the Constitution.

Tell me where the Constitution says anyone should be allowed to be on a State's political party primary ballot with no interference or regulation by said State or political party? You can't, because it doesn't exist. The general rule in effect here is if the Constitution is silent then it is a power reserved for the States.

Only problem with this opinion is that the Supreme Court struck down Arkansas in 1995 trying to impose term limits to candidates.

Again, to be a candidate for president your requirements are laid out in The Constitution, adding a requirement has been struck down in other scenarios. IN which The SCOTUS specifically spoke out and said you cannot add requirements.

So this isn't as cut and dry as you relay.
 

Latest posts

Top Bottom