Law Professor Derek Muller Explains that States Have the Power to Judge Presidential Candidate Qualifications

Posted on by August 15, 2023

Law Professor Derek Muller has this interesting essay on ElectionLawBlog, making the case that states have the power to adjudicate presidential candidate qualifications and keep them off the ballot if the state feels they don’t meet the constitutional qualifications. However, he warns that state election officials only have the power to exclude if the state election law authorizes them to make such a decision.

The essay mentions ineligible presidential and vice-presidential candidates in U.S. history, most of them minor party nominees who were under age 35.

This subject is timely because of the discussion about former President Donald Trump and the insurrection language in the 14th amendment.

Comments

Law Professor Derek Muller Explains that States Have the Power to Judge Presidential Candidate Qualifications — 66 Comments

  2. 14-3. ENGAGED ETC — AS DETERMINED BY WHO –

    MEDIA PHOTO, MOVIE, DOORBELL CAM, COP REPORT OR COURT CASE. ???

    SCOTUS ON ALERT ???

  5. So what states seriously have the power to exclude? Any?

    You have grandiose statements accompanied by zero codification, meaning it is a giant can of worms woth no direction. Meanwhile ambiguous precedent keeps going on. No state where Leonard Peltier of the Peace & Freedom Party and Party for Socialism & Liberation has ever been on the ballot for President or Vice President can say in the context of Trump if convicted of felony is grounds for removal from ballot when Peltier was convicted of killing U.S. government agents.

  7. Hate to say this. If the GOP doesn’t win the presidency in 2024 it will never again.

  9. …so is covid. Aliens, sasquatch and Loch Ness monster are real. Earth is flat. Moon is hollow. Rockefellers and Rothschilds run the world. And I agree, Trump won in 2020. My bank account is overdrawn and I can’t vote because some stupid man in a black dress said I’m crazy (as if!) but I have a Trump sticker on the back of my truck and pretty soon I’ll get that thing running again. That’ll totally own the libs!!!

  10. Bigdaddyluvsu —

    NO R PREZ WIN IN 1932-1948 >>> I LIKE IKE IN 1952/1956

    THEN STOLEN ELECTION IN 1960 – ILL ???

  11. I recall that there was a proposal that individual candidates file in Texas so that there eligibility could be challenged based on not being an native born citizen.

  12. It’s pretty absurd to have a president of 300 plus million people. The current president has more employees than the first president had eligible voters. No human being is qualified for that much power.

  13. I have to admit. Biden has a good strategy to win in 2024. Destroy all leading competition and critics and the last man standing (or sitting in the basement) wins it. Why not? He has DOJ and FBI to do the dirty work, plus Democratic party supporting judges in place. In 2028, the illegal aliens will be able to vote Democrat and yep, we have a one party tyranny. However, he needs one more thing to cement the win-another covid virus outbreak so he looks like a hero.

  17. Biden has no strategy. The indictments are only making Trump more popular, nobody takes “COVID outbreaks” seriously anymore, and the economy is already in dire enough straits without another shutdown. Trump will win and deport illegals like they’ve never been deported before. It will make operation wetback in the 1950s look small. By 2028 Trump will be the hero, the 22nd amendment will be repealed, and he’ll win the biggest landslide in history. Meanwhile the Biden Crime Family will be hung for treason or fled to China.

  18. The bum cases against Trump are merely for publicity, and it will backfire against the derp state like everything else they continuously try to throw at Trump for the past 8 years.

  19. Maybe Dementia Joe should dump Harris for either Fetterman or Waldenberger. Both are commie retarded lovers like him.

  20. His bench is looking sparse. Otherwise, he’d have already had a tragic health problem and been replaced.

  22. The bottom line is that under the constitution, a state may choose its electors any way it wants.

  27. No, he’s not the real governor. He’s a fake governor. At the loony bin where he is a patient he insists people address him as Governor AZ.

  29. I think Lake is going for the Senate Seat. Unless the commies rig the election again she should win.

  30. TROLL MORONS UNABLE TO DETECT WHO IS THE GOVERNOR OF ARIZONA ???

    PART FOR THE COURSE OF 0.666 IQ TROLL MORONS.

  33. Kari Lake is the true governor of AZ. The election was stolen due to Maricopa and Hobbs corruption.

  34. AZ IS UNABLE TO DETECT THAT TRUMP AND LAKE WERE CHEATED OUT OF A WIN IN AZ.

  35. PART FOR THE COURSE? AZ IS SO FUCKING RETARDED HE DOESN’T EVEN KNOW THE PHRASE IS PAR FOR THE COURSE, AS IN A GOLF REFERENCE.

  36. HE DOES AT LEAST ADMIT HE MAKES TYPOS, ALTHOUGH HE CLAIMS HE NEVER MAKES ANY OTHER MISTAKES AND IS ALWAYS RIGHT ABOUT EVERYTHING.

  37. Instead of persecuting Trump, who was removed from the office he was rightfully re-elected to, DAs and prosecutors should be prosecuting the dirty riggers who rigged the election.

  38. I think those no good riggers should be hanged. If we can’t hang the filthy riggers, I’m looking forward to seeing them in handcuffs and leg irons, breaking rocks and picking up trash off the side of the road. There should be a truck with a bullhorn playing Trump speeches all day for the riggers to listen to while they are out there in the hot sun doing that.

  39. I’m not voting for Trump in the primary. I’m voting for Kennedy to screw Joe Biden up. In the general I might vote for Trump.

  40. The way I see it, good ole boy deputies on horseback with bullwhips would whip the riggers when they don’t work hard enough during their 16 hour shifts (2 hours off for church on Sundays, 100 hour work weeks). The deputies would keep mean, hungry dogs ready to be released at any moment and chew up any rigger who gets out of line, tries to escape, speaks when not spoken to, acts disrespectful, etc. The riggers would be fed dog food and drink water on their hands and knees from dog bowls. They would get 50 calories worth of dog food for every hour worked.

  41. TROLL MORONS ALWAYS RIGHT IN TROLL MORON 0.666 IQ CIRCULAR LOGIC.

    WHO IS THE 2024 PREZ CANDIDATE OF THE TROLL MORON PARTY — TROMP OR TROMOP ???

    APOLOGIES TO REAL MOPS.

  42. I don’t see any reason we can’t just hang the lazy riggers by the neck until dead.

  46. My favorite candidate for VP with President Trump is former congressman Steve King.

  49. Selecting Don Jr for VP would show a commitment to family values. It would also own the libs like absolutely nothing else ever could.

  50. Kari Lake would make a good press secretary. Larry Elder should be HUD secretary, and Steve King should be Secretary of Homeland Security. I see Giuliani at State and Flynn at Defense. But Don Jr is the best choice for veep.

  54. TRUMP = LIKE HITLER IN GERMANY IN 1934-1945 ???

    ALL TOP JOBS IN TRUMP — CIVIL / POLITICAL / LEGAL / MILITARY ???

    ESP — WHO NEEDS THE GERRYMANDER CONGRESS AND SCOTUS HACKS IN THE TRUMP TYRANNY ???

    JUST OBEY TRUMP ORDERS OR DIE ???

  55. Well let’s see, Trump is just like Hitler except for a few minor differences….

    Hitler was a foreign born war veteran, the son of a customs clerk, and failed painter turned at first failed politician who did jail time for a failed coup.

    Trump is the son of a successful real estate developer, and himself an even more successful businessman and entertainer who became President upon his first serious run for office. Despite many attempts to pin various crimes on him, including alleged indirect involvement in a failed coup, he has never been convicted of anything. On January 6, 2021, he told his supporters to protest peacefully. When some didn’t listen and trespassed, he publicly asked them to cease and desist.

    Trump won a free election and presided over an elected government with a strong opposition party and plenty of journalistic criticism as well as courts and governor’s thwarting his plans. His time in office was a time of peace and, until COVID in the final year of his presidency, prosperity. Even with COVID presenting a perfect excuse, he never assumed dictatorial powers. He left office peacefully, despite lots of evidence that the reelection was stolen from him. He’s currently once again the leading candidate for next year’s presidential election.

    Hitler was appointed chancellor and pretty much immediately became a dictator, shutting down all press, political, judicial, and local opposition. He invaded and occupied multiple countries, killed tens of millions of people, tried to wipe out entire ethnic groups, and in the end left his country bombed out and divided and conquered by foreign enemies while he killed himself in a bunker.

    Given that Hitler and Trump are so eerily similar, it’s no wonder AZ keeps asking if they’re basically the same.

  57. HITLER AND TRUMP BOTH MURDEROUS NUTCASES — DUE TO THEIR FATHERS ???

    PERHAPS TRUMP WILL BE A PORN PRODUCER IN THE WHITE HOUSE OVAL OFFICE WITH S.D. [OF PAYOFF INFAMY]

    — WHEN HE IS NOT GIVING ORDERS TO KILL BILLIONS ???
    —
    P-A-T

  61. TROLL MORONS HAVE NO LIFE — EXCEPT TO BE TROLL MORONS AND USELESS ON BALLOT ACCESS NEWS.

    LITTLE WONDER MANY WEBSITES ARE CENSORED TO PURGE TROLL MORONS OFF SUCH WEBSITES.

  62. AZ just admitted to being a troll moron again at 6:44 after admitting it earlier in this same thread at 2 pm today.

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