Prominent conservative legal scholars are increasingly raising a constitutional argument that 2024 Republican candidate Donald Trump should be barred from the presidency because of his actions to overturn the previous presidential election result.

    • nucleative@lemmy.world
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      11 months ago

      It’s obviously not something we’d consider to be morally justifiable now, although if such a horrendous situation were to emerge, how to stop the 3/4?

      In this thought experiment, I’m trying to think about how we could we bake into a democracy the idea that for some issues, a submajority can tell the majority who they can vote for.

      Isn’t that kind of the very opposite of the concept?

      To be clear, I’d personally never vote for any candidate who was the subject of criminal legal troubles, much was multiple indictments.

      • FooBarrington@lemmy.world
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        11 months ago

        It is currently baked in through human rights. Of course you can’t fully defend against attempts to remove these rules - they don’t matter if people don’t keep to them. But that’s why a democracy shouldn’t be allowed to do anything the population wants.