"“If President Trump committed a heinous act worthy of disqualification, he should be disqualified for the sake of protecting our hallowed democratic system, regardless of whether citizens may wish to vote for him in Colorado,”

  • FfaerieOxide@kbin.social
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    11 months ago

    It seems you’re intentionally misunderstanding

    It seems you’re saying diametrically contradictory things.

    You say things are absolutely hard and when soft edges are pointed out you then say “nothing is hard”.

      • FfaerieOxide@kbin.social
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        11 months ago

        It’s the same thing:

        if “natural born” is a hard requirement despite never being defined or tested.

        You said it was a hard requirement, I pointed to evidence of the rules being murky unclear and in many ways arbitrary to which you responded that nothing was hard.

        On having that contradiction pointed out you now claim to be arguing two to more things.

        • sugar_in_your_tea
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          11 months ago

          To be more clear, here’s the relevant text of the Constitution:

          No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.

          That is the set of hard and fast requirements to hold the office of President.

          The definition of natural born citizen is somewhat debated, but the general consensus is that it includes:

          • those born on US soil
          • those who have birthright citizenship, such as through a parent

          There are more links there to show the general consensus. But since it hasn’t been tried in higher courts, the definition isn’t “hard and fast,” but the requirement to be a natural born citizen absolutely is. Those are the two different things, the requirement is hard and fast, and the specific definition of the requirement isn’t, and probably won’t be even if it is tried in higher courts because there’s always going to be some exception to whatever definition is provided.

          It’s like saying murder being against the law is a hard and fast rule, but the specific definition of murder could be subject to debate (i.e. one person’s self-defense could be considered murder, and vice versa). The definition can have some flux while the law that uses those terms can be strict.

            • sugar_in_your_tea
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              11 months ago

              Yes it can, that’s literally the entire basis of constitutional law. We can bicker about the interpretation of the words, but the words themselves aren’t subject to change, and we make the requirement more strict through case law. That’s the whole reason we separate the legislature from the judiciary, the legislature create the laws, and the judiciary defines the edges of the interpretation of those laws.

              • FfaerieOxide@kbin.social
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                11 months ago

                If there’s a strict requirement that candidates be “scrombled” but no definition of what scrombled means, it never gets tested, and the only guy challenged on it is as a proxy for his being Black, there isn’t any hard rule at all.

                Rules can only be strict if they have established parameters.

                There are no defined parameters for “natural born”.
                Could argue it only applies to clones.

                • sugar_in_your_tea
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                  11 months ago

                  But they do. The agencies that monitor such things have policies, and those are the defacto parameters until someone challenges them and we get a court ruling. That’s how things work in government, the legislative branch passes a law, the executive interprets the law, and the judicial branch hears cases when people disagree with the executive branch’s interpretation of the law.

                  • FfaerieOxide@kbin.social
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                    11 months ago

                    What are the policies for what “natural born” means?

                    If there were clear parameters as you claim why did McCain supporters have to bother with Senate Resolution 511?