Trump Banned from MAINE's ballot

[Belsnickel]

(12-30-2023, 12:39 AM)NATI BENGALS Wrote: What do you think about Jefferson Davis never being found guilty of a crime. Yet the people who wrote the constitution specifically wrote the 14th amendment to make sure him and people like him couldn’t hold office again?

Indeed. In fact, Davis was granted amnesty, along with many other Confederates. However, under the 14th, they could still not hold office. If one takes an originalist viewpoint of the 14th, as conservatives tend to claim that they are in favor of, then the requirement of conviction for insurrection is not in place according to those historical facts. So if we look at this originalist view of the 14th Amendment, Section 3, and we then look at jurisprudence from now-Justice Gorsuch via Hassan v. Colorado where he observes "a state's legitimate interest in protecting the integrity and practical functioning of the political process permits it to exclude from the ballot candidates who are constitutionally prohibited from assuming office."

I have to say, when you look at the law on the matter, it seems that the more conservative justices, at least, should be permissive of states to exclude Trump from their ballots based on the textualist and originalist interpretations. If they overturn those decisions by Colorado and Maine it would be judicial activism, inserting themselves in the political process based upon their partisan biases.