Labor journalist, Alex Press, discusses the state of the labor movement in 2023, including successful organizing campaigns, strikes, and the impact of milestones like the teacher strikes and Occupy Wall Street movement. The podcast also covers the legal and political controversies surrounding attempts to exclude Trump from the presidential ballot, exploring the ambiguities of the 14th Amendment disqualification clause and the Democrats' fear of democracy.
The legal and political exclusion of Trump from the presidential ballot is a complex and dubious issue, with the application of Section 3 of the 14th Amendment remaining uncertain and politically motivated.
State courts have the authority to decide ballot inclusions and exclusions, raising questions about the role of state legislatures and the potential implications of this power on federal elections and shaping the electorate.
The claim of insurrection against Trump and its alignment with Section 3 of the 14th Amendment requires a factual analysis and interpretation to determine its legal standing, highlighting the lack of specific legislation and potential implementation problems.
Deep dives
Legal and Political Issues Surrounding Excluding Trump from Presidential Ballot
The podcast episode explores the legal and political issues surrounding attempts to exclude Donald Trump from the presidential ballot. The Colorado Supreme Court ruled that Trump was ineligible to appear on the state's ballot due to his role in the January 6th Capitol riot, invoking Section 3 of the 14th Amendment. However, the application of this provision remains uncertain, and many argue that the decision is politically motivated. The podcast discusses the various legal hurdles Trump would need to overcome to be disqualified and emphasizes the political nature of the decisions being made.
The Colorado Case and State Authority in Deciding Ballot Inclusion
The Colorado Supreme Court case regarding Trump's eligibility to appear on the presidential ballot is analyzed. It is explained that state courts have the authority to decide ballot inclusions and exclusions, although some argue that this power should rest with the state legislature. The discussion highlights the potential influence of state-level decisions on federal elections and the role of state laws in shaping the electorate. The case in Colorado serves as an example of how state courts can rule on federal constitutional questions, with potential future implications for other states.
Financial Claim and the Role of Insurrection in Excluding Trump
The podcast delves into the legal and factual aspects surrounding the claim of insurrection against Trump. It is debated whether his involvement in the January 6th events can be classified as an insurrection, and if so, whether it aligns with the requirements outlined in Section 3 of the 14th Amendment. The discussion emphasizes the need for a clear factual analysis of Trump's actions and the interpretation of insurrection to determine the legal standing of the claim. The podcast also highlights the implementation problem, as the lack of specific legislation reinforces the argument that Trump can still be eligible.
Democratic Motives and Legal Maneuvers
The motives behind the attempts to exclude Trump from the presidential ballot are examined from a political perspective. The podcast suggests that Democrats may be resorting to legal maneuvers out of fear of losing a political contest against Trump. It is argued that the legal strategies employed can be seen as a distraction from the need to present a credible program and address the genuine discontent among voters, particularly on issues like inflation and foreign policy. The discussion highlights the dichotomy between saving democracy rhetoric and fear of democracy itself.
Labor Victories and Growing Movement Consciousness
The podcast explores the successes and growing activism within the labor movement. The discussion highlights the significant wins in labor organizing, including the UAW's strikes against automakers, and the rise in strike actions and workdays lost in 2023. The role of campaigns like Sanders' presidential runs and Occupy Wall Street in shaping movement consciousness and inspiring labor activism is emphasized. The podcast also points out the importance of solidarity and coordination among different segments of the working class, while acknowledging the challenges of maintaining momentum during economic downturns or when facing anti-union sentiments.
Samuel Moyn, law professor and historian, discusses the political and legal dubiousness of excluding Trump from the presidential ballot. Labor journalist Alex Press talks about the year in labor. See her Jacobin article, "In 2023, the US Working Class Fought Back" here.
Behind the News, hosted by Doug Henwood, covers the worlds of economics and politics and their complex interactions, from the local to the global. Find the archive online.
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