OpenArgsWiki

October 9 2016

Listen to the Episode

From The Official Website:

In this week’s bonus episode, we tackle the breaking legal question of whether the RNC can legally replace Donald Trump as the Republican nominee for President, and if so, what the consequences would be. You don’t want to miss this episode!

In our opening segment, we bring back a classic “Breakin’ (Down) the Law” by examining whether President Trump (unlikely as that may seem) can legally ban all Muslims from entering the U.S. The answer may surprise you!

Finally, in our closing segment, we tackle a listener question from Daniel Andrew Duncan, who asks us to explain why you keep hearing that laws require 60 votes instead of a simple majority.

Show Notes & Links

1. The relevant law that permits Trump to ban all Muslims from emigrating into the US is 8 USC § 1182(f).
2. You can find the RNC Rules here.
3. Here’s a link to the New Jersey Supreme Court’s decision in New Jersey Democratic Party v. Samson, 814 A.2d 1028 (2002); that’s the Torricelli/Lautenberg case.
4. Here’s a link to all the states that have early voting.
5. Finally, here’s a link to the “faithless elector” laws in 26 states.

Law Talkin' Stuff

It's in the Constitution

• Twelfth Amendment

Lawsplaining

• 8 U.S. Code § 1182 (Inadmissible aliens)
• FECA (Federal Election Campaign Act of 1971)

Law Court Thingies

• New Jersey Democratic Party v. Samson 814 A.2d 1028 (2002)
• Bush v. Gore 531 U.S. 98 (2000)

Magic Law Words

• Fatal defect
• Statute

Organizations

• DNC (Democratic National Committee)
• RNC (Republican National Committee)
• US Congress
• US Senate

People

• Admiral Wesley Clark
• Barack Obama
• Bernie Sanders
• Bill Bradley
• Bill Weld
• Chris Christie
• Dwight Eisenhower
• Frank Lautenberg
• Gary Johnson
• George McGovern
• Gordon Humphrey
• Howard Dean
• James Bopp
• Jean Carnahan
• John Ashcroft
• John Kerry
• Joshua Putnam
• Kendal Unruh
• Lloyd Bentsen
• Mel Carnahan
• Mike Pence
• Morton Blackwell
• Robert Torricelli
• Scott Brown
• Thomas Eagleton

References

• Filibuster
• Free the Delegates
• Gold Star family
• Obamacare

Topics

• Election laws
• Faithless Elector

Content

• [00:01:18] Intro
• [00:02:25] Breakin' (Down) the Law: On whether President Trump can legally ban all Muslims from entering the U.S.
• [00:06:27] Main Segment: Can RNC legally replace Donald Trump as the Republican nominee for President?
  • [00:09:30] RNC Rule 9A
  • [00:17:20] DNC and RNC powers, bindings, and legalities
  • [00:20:42] How Vice Presidential nominee would be removed from RNC voting ticket
  • [00:31:45] RNC Rule 12 amendment provision
  • [00:33:56] Comparing DNC and RNC rules impacts on past presidential and senatorial campaigns
  • [00:36:21] Critiquing business experience over political experience for POTUS qualification
  • [00:40:09] Resuming Rule 12 discussion with past election examples
  • [00:58:35] Summation of hurdles to overcome in order to substitute candidate names on ballots
• [01:00:32] Listener Questions: What are the varying rules on how federal laws get passed in Congress, 60 senators or simple majority in both houses?
• [01:05:41] Outro