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The week's question
In December 2024, in the thread "Re: BRK: Why Not XOM?", BreckHutHigh asked the members: "What about the long road trips with kids?" This week it is put to everyone again. The button below opens the small thread re-asking it - read what others have said so far, then give your own answer as an ordinary reply.
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Halls of Shrewd'm / US Policy
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Author: Dope1   😊 😞
Number: of 84350 
Subject: Re: Another Win For President Trump
Date: 03/04/24 9:25 PM
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So if the state has a rule that says that no one that has committed insurrection can run for Governor (again, for example), then a state court could make a civil determination whether a candidate has committed federal insurrection. They would be able to do that regardless of whether the federal government has filed charges or not, because they would be applying state law.

In your example, the theoretical candidate violated a federal law with the fact determiner ultimately being a federal agency (meaning, there's no crime unless the IRS testifies that so-and-so hasn't filed a return).

The state could then use the law you propose to keep our delinquent filer from running for Official Dogcatcher or Governor...but would be powerless to keep them from running for President in a nationwide federal election. Where it would get interesting is would your law keep someone off the state ballot for something like Senator or Representative to Congress.
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This community has written 84,309 posts about US Policy. The article-length ones it recommended most:
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