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Hypocrisy_Central's avatar

For those who did not like the election outcome, should they take a page from California’s history and appeal to the High Court to get the election nullified on Constitutional grounds?

Asked by Hypocrisy_Central (26879points) November 9th, 2016

People don’t like the fact more people voted in ways that they didn’t, we have learned you don’t have to take it, just appeal to the High Court and find some reason to get that vote erased or nullified. Why those who don’t like Trump winning can maybe go to the High Court to maybe try a gambit of the 1st lady not being US born, or appearing nude before getting into the White House as a display of lack of moral fortitude or something?

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12 Answers

Seek's avatar

Except that more people voted for Hillary…

zenvelo's avatar

@Hypocrisy_Central You are misstating what occurred in the Supreme Court’s opinion on California Proposition 8.

The SCOTUS did not “nullify the election.” They ruled on the Constitutionality of the Proposition that was approved. The Proposition was ruled to be discriminatory and in violation of the 14th Amendment’s clause of equal protection under the law.

There is nothing in Tuesday’s election outcome that could be considered unconstitutional, unlike Proposition 8 that was inherently discriminatory..

MrGrimm888's avatar

Trump still may be convicted of fraud in federal court. A possible impeachable offense.

Got my fingers crossed.

Seek's avatar

The only downside is that if Trump goes away we’re left with Pence.

zenvelo's avatar

@MrGrimm888 It happens to be a civil fraud case, not a criminal case.

And, I really don’t see Articles of Impeachment coming out of the Freedom Caucus controlled Republican House, much less passing after trial by Mitch McConnell and the Senate.

MrGrimm888's avatar

^You’re probably right. But a man can dream…..I read he might settle, but that’s not his style. He may settle just to get it over with though.

Pence would definitely suck. One of my biggest fears with Trump is his ego, and mouth. I’m afraid his wish to appear tough will get us in several wars/conflicts.

Pence would still help enact all or most of Trump’s world changing policies, but maybe he’d be the lesser of the two evils.

zenvelo's avatar

@MrGrimm888 Pence signed legislation to arrest and jail LGBTQ people who applied for a same sex marriage license.

He is also rabidly anti choice. And, he actively believes that smoking does no one harm.

MrGrimm888's avatar

^I’m aware of his rantings. But I’m out of options. What fantasy Trump removal are you clinging to right now? That Trump could be impeached is the only lie that’s getting ME through this.

The fact that Republicans will now force feed America their version of what it should be with such ease, and little or no resistance is alarming to me.

I don’t understand how they can hold all the cards… How is it legal to have congress and the Senate and the President ALL republican? They were meant for checking and balancing.

Now they’ll just steam roll whatever they want right in/out.

The world is about to change. Probably for the worse.

I’m trying hard to believe that there is still some hope of him not being our president in January.

Hopefully I’ll be able to swallow this most jagged pill by then.

zenvelo's avatar

@MrGrimm888 I am not clinging to any fantasy about his removal, not in the least. Not even ones going around today about hoping for “faithless electors”.

The only real hope for a different direction is to have the actual Trump 100 Day plan enacted by Congress and put into effect. And when 40 million people lose health insurance, and all the farm labor is deported and food costs go through the roof, that an articulate leader can communicate to the angry white voters that they brought this on themselves, and they have the power to reverse it at the midterm election.

Esedess's avatar

Where’s John Wilkes Booth when ya need him?

now i’m on a list

Hypocrisy_Central's avatar

@zenvelo There is nothing in Tuesday’s election outcome that could be considered unconstitutional, unlike Proposition 8 that was inherently discriminatory.
Interpretation, but that is how to manufacture something against Trump or his 1st lady as being afoul of the Constitution, while there are still enough Clinton, Obama era justices in control, who knows, they made law once, they can do it again.

zenvelo's avatar

@Hypocrisy_Central No, that is not how it works. Th election is not a matter of interpretation, there is no interpretation of very plain language in the Constitution.

And, there was a question in Obergefell v Hodges on the application of the 14th Amendment. The Court found that the failure to license same sex marriage was a denial of equal protection.

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