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Matt1344: "Subject: CA Senate Votes To Keep Trump Off Primary Ballot"

Very misleading Subject Line, Ken.

Whether Trump is on the California ballot is still entirely within his control; he just needs to comply with applicable state law - like all other candidates.

Regards, JAFO
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Ken,

The proposed law unconstitutional on its face. The Constitution of the United States stipulates the requirements to run for all federal elected offices, and it does not give authority to impose additional requirements to any legislative body -- not to the Congress, and not to the legislature of any State. Thus, the California legislature lacks the authority to enact that law, plain and simple.

Having said that, I fully expect that the present Governor of California will sign the bill into law, setting up a court challenge that will squander the state's resources on a trial and appeals all the way to the Supreme Court of the United States. At the very least, the courts are sure to enjoin the law until they can conduct trials at each stage of appeal on the merit of the case. The case clearly will not be settled before the 2020 primary and probably won't be settled before the 2024 primary.

JTOL, I actually would not be surprised if the U. S. Department of Justice brings a suit challenging the law as a violation of the civil right to run for office.

Norm.
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"The proposed law unconstitutional on its face. The Constitution of the United States stipulates the requirements to run for all federal elected offices, and it does not give authority to impose additional requirements to any legislative body -- not to the Congress, and not to the legislature of any State. Thus, the California legislature lacks the authority to enact that law, plain and simple."

That is simply not true. States impose all sorts of requirements to get on the ballot within the state, from collecting a certain number of signatures to having to file by certain dates.
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The Constitution of the United States stipulates the requirements to run for all federal elected offices, and it does not give authority to impose additional requirements to any legislative body -- not to the Congress, and not to the legislature of any State. Thus, the California legislature lacks the authority to enact that law, plain and simple.

You think that the ballot you see when you vote includes everyone running for federal offices? Bwa ha ha ha ha

In 2016, about 2000 people registered with the Federal Election Commission as running for president. I'm betting not all of them were on your ballot. (You can peruse here: https://www.fec.gov/data/candidates/president/?election_year... )

Being able to run for an office is not the same thing as being able to get your name printed as a candidate on a ballot. Any yokel can run for federal office and this law wouldn't interfere with that.
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The Constitution of the United States stipulates the requirements to run for all federal elected offices, and it does not give authority to impose additional requirements to any legislative body -- not to the Congress, and not to the legislature of any State.




And yet many states and municipalities have more restrictive laws in place.
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The Constitution...does not give authority to impose additional requirements to any legislative body...

The Constitution does not give express authority for many things. There is also an amendment [#9] that talks a little about this.

Pete
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<<
The proposed law unconstitutional on its face. The Constitution of the United States stipulates the requirements to run for all federal elected offices, and it does not give authority to impose additional requirements to any legislative body -- not to the Congress, and not to the legislature of any State. Thus, the California legislature lacks the authority to enact that law, plain and simple.
>>

If the CA law is unconstitutional then most Senators and Congress members were elected unconstitutionally. All states that I am aware of have stipulations and rules that apply to being on the ballot in their states that are neither in the US Constitution nor a part of the State's Constitution.
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