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Trump on Ballot

Most of the local state courts and Secretaries of State have decided that they won't keep Soon-to-be-Convicted, Ex-President Donald Trump's name from being listed as a candidate for President on their primary ballots this year. Two states have decided otherwise and it will be up the the United States Supreme Court to decide. It seems a pretty simple matter to me in legal terms, yet it has profound political implications.

The US Supreme Court is also considering what is called the Chevron case which centers around Congress giving essentially judicial powers to the Executive branch.

These are two major constitutional questions which will have long lasting effect on how our government functions now and into the future. The court can take the easy way out or it can be a defining force in our Constitutional based government.

My (however humble) belief is that the founding fathers created a pretty good system. But it has some shortcomings 250 years later. As has been the case for over 200 years it is up to the Court to decide what the Constitution means... especially in the case of Trump.

In regard to having Trump's name on the ballot. The court has to first decide whether Trump truly engaged in an insurrection against the United States Government. I believe that he did in fact lead an insurrection. This should make him ineligible to ever again serve as President of the United States. The United States Supreme Court should rule in this manner.

However, that is not the only issue. The Fourteenth Amendment says that such an insurrectionist cannot Be the holder of any office under the United States. It does not say that such a person cannot be listed on a ballot. It does not say that they cannot be elected to such an office...Only that they cannot hold such office. One only holds such office after being sworn in to the position or office. The swearing-in may appear ceremonial but it in fact the handing over of the septre. The office may not be held without a swearing-in (which usually is handled and rightfully so by a federal judge.

It seems to me that an insurrectionist (Trump) can be elected to office. They just can't be sworn into nor allowed to take office., Furthermore this is entirely the balliwick of the federal courts. Just as it should be.

The Supreme Court should rule that an insurrectionist cannot be sworn into office nor may they take over the office. In which case the elected Vice President would be sworn into office. Seems pretty simple and straight forward.