It is odd that states can bar people from the ballot for age or place of birth without any enabling federal legislation.
@McPatrick in the arguments the point was made that there is a difference: something like age is generally uncontested while something like guilt for insurrection is contestable and judiciable.
Except in outlier cases, every state will agree on the age of a candidate. But different states might conclude differently on the question of guilt for insurrection.
That's the difference.
So?
I mean that seriously. So?
That’s when you go to court and make the courts resolve the conflict. This isn’t a new kind of concern, having conflicting decisions on a judicial matter.
@McPatrick it's kind of a legal shortcut.
Rather than take up court time resolving something that arguably is something for courts to handle, a thing like age verification is handled by state officers because it's anticipated that serious disputes will be so easily resolved and far between. So they built in a shortcut just to get it done with.
Technically, yes, any dispute about a nominees age could go through the rigmarole of court hearings and evidentiary hearings and due process and on and on, but they figure those cases should be so easy that they'll just use this shortcut instead.
But a question like is this person guilty of insurrection is much less straightforward, so it doesn't get the shortcut. It still has to go through courts.
It's a difference of practicality due to complexity.
@McPatrick ps: let me add that this kind of thing happens in legal proceedings all the time
It's just standard for the us legal system, not some special carve out for Trump.