Lesh
Diamond Member
- Dec 21, 2016
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They are not making Federal law or enforcing federal law.And if you read my post in its entirety, you'd see I addressed that.
States have the power to choose electors by any means they wish, and they have the power to choose their own ballot access rules. But they don't have any power to scrutinize a person's eligibility under the federal law.
So for example, Maine would be within its rights to enact a law that says anyone who has committed insurrection against the United States is prohibited from appearing on a ballot in the state for any elected office. But if they do that, then what constitutes "insurrection" for purposes of their own state's ballot access would be a question of state law. But Maine does not have any such law in existence.
What Maine is actually doing is casting its own judgment on a matter of federal law. And the particular matter (whether an individual is constitutionally qualified to be President) is one that the constitution puts in the hands of the joint session of Congress to determine. So if the question reaches SCOTUS, they will require Maine to certify whether there is a state law that prohibits Donald from having ballot access (that answer to which will be in the negative), and will then find that they themselves have no basis to determine the whether Donald is qualified, and send the case back to Maine with instructions to treat Donald like every other candidate.
That are controlling their own elective process.
Your long winded opinion was just that
Opinion