Harvard Con Law Prof Laurence Tribe says CA's new presidential primaries tax return law

[pnwmom]

is constitutional.

Link to tweet

Laurence Tribe
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@tribelaw
Plainly unconstitutional? Nope. That’s just wrong. If I know anything about the US Constitution, I know this law passes muster.

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@lessig
Hey #Dems, just stop. This law is plainly unconstitutional.
California Requires Trump Tax Returns Under New Election Law

[customerserviceguy]

1. And if he were Justice Tribe

then that opinion would be worth something.

In any case, Trump and the GOP aren't going to waste a nickel fighting this in the courts. They'll just tell their CA supporters to write his name in on the GOP primary ballots, and if somehow, William Weld wins, then they'll just give them the shitty seats at the convention.

[Wounded Bear]

2. The only real Constitutional requirements...

are age, citizenship, and the barring of a religious test IIRC.

As far as elections go, the Constitution doesn't say much at all. If defines the Electoral College, for better or worse it's what we have to work with, but has no mention of political parties or primary elections. In fact, according to the Constitution citizens are not really allowed to vote for president anyway. The only 'popular vote' in the original Constitution was for Reps in the House. 17 added popular voting for Senators.

[Gothmog]

3. I agree with Prof Tribe

[Stallion]

4. Was George Wallace Challenged for keeping LBJ off the Alabama Ballot

as referenced in movie LBJ-I'm a history major and embarrassed to say I've never tracked that down

UPDATE: Wikipedia says Johnson did not appear on the 1964 ballot

However, in Alabama, the May 5, 1964 primary chose a set of unpledged Democratic electors,[2] by a margin of five-to-one,[3] whilst Governor George Wallace refused totally President Johnson's civil rights and desegregation legislation via the Civil Rights Act of 1964.[4] Unlike in Mississippi with the MFDP, no effort to challenge this Wallace-sponsored slate with one loyal to the national party was attempted.[5] Consequently, Johnson would become the third winning president-elect to not appear on the ballot in Alabama, following on from Abraham Lincoln in 1860 and Harry S. Truman in 1948.

https://en.wikipedia.org/wiki/1964_United_States_presidential_election_in_Alabama

[Jake Stern]

5. Said it before and I'll say it again

this type of law is a Birther's dream come true, especially if the courts uphold it.

What's to stop Texas or North Carolina from demanding a candidate's long form birth certificate/proof of natural born status in the US or school records and so on?

This is nothing more than feel good legislation that, at best, really does nothing and, at worst, opens a California sized Pandora's Box of requirements for candidates to appear on the ballot. Jerry Brown did right in vetoing similar legislation.

Trump will almost certainly cinch the nomination even without CA delegates so the law doesn't even phase him but it just might be felt by our side when Florida demands proof of Kamala Harris's citizenship status and denies her a place on the ballot if she refuses.

[pnwmom]

6. What is the difficultly in providing a birth certificate?

The difference between this and school records is that the law requires everyone to file accurate annual income tax returns, so this assures candidates have been following the law. There is no law about anyone having to file school records.

[Jake Stern]

7. No law that says that a state is barred for asking for them, either

Do we really want to open this box?

[pnwmom]

8. I haven't seen them restrained by anything we do or don't do. n/t

[Hekate]

9. This Californian says: good to know that

Hi, pnwmom.