DeSantis Drops Out

David Thornton

David Thornton is a freelance writer and professional pilot who has also lived in Georgia, Florida, Kentucky, South Carolina, Tennessee, and Texas. He is a graduate of the University of Georgia and Emmanuel College. He is Christian conservative/libertarian who was fortunate enough to have seen Ronald Reagan in person during his formative years. A former contributor to The Resurgent, David now writes for the Racket News with fellow Resurgent alum, Steve Berman, and his personal blog, CaptainKudzu. He currently lives with his wife and daughter near Columbus, Georgia. His son is serving in the US Air Force. You can find him on Twitter @CaptainKudzu and Facebook.

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53 Responses

  1. CJCoIucci
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    says:

    There’s a small 12th Amendment problem with two Floridians on the ticket.Report

    • Philip H in reply to CJCoIucci
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      says:

      The GOP seems unconcerned with other parts of the Constitution, so why do you think this will matter?Report

    • Burt Likko in reply to CJCoIucci
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      Yes, but it might turn out to really be only a small problem. The 12th Amendment means that if a hypothetical Trump-DeSantis ticket carries Florida, Florida’s electors could not cast their electoral votes for DeSantis for Vice-President. But if that GOP ticket gets 300 or more electoral votes, Florida could sit out voting for VP and DeSantis might still get 270 electoral votes for VP and thereafter serve.

      See also Philip H’s response.Report

      • Brandon Berg in reply to Burt Likko
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        We went through this with Bush and Cheney in 2000; Cheney moved to Wyoming.

        Like many things in the Constitution, the requirement that electors not vote for two candidates from their own states is woefully underspecified:

        “The Electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves.”

        It’s not clear what “inhabitant” means, and notably there is no Constitutional requirement that an elector be an inhabitant of the state that appoints him, although some states do have such a requirement, e.g. Florida requires that electors be registered Florida voters.

        As written, this clause has no real teeth, but presumably it wasn’t just thrown in there just for kicks and giggles, so we’re left to try to infer what exactly they meant. A good-faith interpretation of the Constitution should account for the fact that the framers didn’t have nearly as much of a historical record of rules-lawyering to inform their drafting as we do; courts shouldn’t allow the exploitation of clearly unintentional Constitutional loopholes. Contemporary commentary, or early case law, if any exists, might be illuminating.

        There was a lawsuit about the Bush-Cheney issue in 2000, Jones v Bush, that I don’t recall hearing about at the time. The federal appeals court ruled against the plaintiffs, and the Supreme Court declined to hear the appeal. Here’s a paper arguing that while the reasoning behind the ruling was invalid because it rendered the inhabitancy requirement a nullity, it nevertheless reached the correct conclusion: Cheney’s primary political affiliation was with Wyoming, as it was the only state in which he had ever been elected to political office.

        https://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1225&context=plr

        This seems to me to get at the heart of the most likely intent of the inhabitancy requirement, although as noted in the paper, the reasoning can’t easily be applied to those who have no history of holding political office, or, as in the unusual case of Trump, have only ever been elected to the Presidency. It’s a long paper, and I’m egregiously oversimplifying, of course.Report

        • Brandon Berg in reply to Brandon Berg
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          Regardless of Constitutionality, the “just move” approach seems unworkable here, since DeSantis is currently the governor of Florida, and Trump is…not a team player. I can’t see him moving just so DeSantis can be his running mate.Report

          • Pinky in reply to Brandon Berg
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            Well, if we’re being realistic, DeSantis would get nothing from running with Trump, Trump would get nothing from running with DeSantis, and DeSantis said some mean things about Trump that will never be forgiven, so I’d put the whole thing under 2%.Report

        • Marchmaine in reply to Brandon Berg
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          Basically it was a check on Virginia in an era when States had political meaning and salience. But yes, give the absence of any definition of inhabitant (it would have meant more in an era of land wealth than fungible money wealth) it’s just a relic easily sidestepped.

          Well, easily if you’re not DJT who as you note below probably wouldn’t move to accommodate DeSantis. But then, why are we thinking DeSantis will be a running mate? Trump (perhaps correctly) sees Florida as his gift and DeSantis as the beneficiary — not the other way round.Report

        • PD Shaw in reply to Brandon Berg
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          “the framers didn’t have nearly as much of a historical record of rules-lawyering to inform their drafting as we do”

          Meh. The term “inhabitant” is used elsewhere in the Constitution, Senators and Representatives must be inhabitants of the state they represent. Hillary Clinton, and the other Robert Kennedy were from New York. If the drafters were concerned about people moving to a location to establish ephemeral relationships with a state they would have added a term of years. They knew how to do that: A President must be a U.S. resident for fourteen years.

          I think the primary underlying policy relevant here was that the Federalist were aware that they would be seen as having engaged in some sort of a coup with this new Constitution and were seeking to legitimize the national government by presenting it as truly national in its components, drawing from all states. There was this notion that there is talent out there known locally that would be beneficial nationally, so the electors are a means of communicating information. Leaving states to vote for favorite sons wasn’t a problem, it would be useful to hear about people from as far away as say Delaware, but if everybody simply chooses favorite sons, then the electoral college process is largely meaningless; the House will decide the President and the Senate will decide the Vice President. But with the rise of political parties that function has been outsourced, and the framers didn’t anticipate or want that.Report

  2. Jaybird
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    I remember the small window where DeSantis was polling higher than Trump and the topic of whether DeSantis would have been worse than Trump came up. So maybe we should all breathe a sigh of relief.Report

    • Pinky in reply to Jaybird
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      You’re confusing a tautology for a description. “Things are worse than ever” is identical to “that which happens is worse than that which happened before”.Report

    • KenB in reply to Jaybird
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      The only thing worse than the last Republican candidate is the next Republican candidate.Report

      • Chip Daniels in reply to KenB
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        says:

        Eisenhower-Nixon-Reagan-Bush-Dole-W-McCain-Romney-Trump

        Yep, checks out.Report

        • KenB in reply to Chip Daniels
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          says:

          You’re certainly confirming my comment, though perhaps not in the way you think.Report

          • Pinky in reply to KenB
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            says:

            I’m curious, how many in that sequence would you consider an improvement?Report

            • KenB in reply to Pinky
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              says:

              For myself now, or for myself in my earlier “moderate liberal” incarnation? Even as a liberal in the early 90s, I didn’t like Bush but I saw him as preferable to Reagan — it’s hard for me to imagine a liberal who wouldn’t have felt that way once the time for election rhetoric was gone. From the same perspective, I don’t see how Dole was any worse than Bush I. And surely any liberal would’ve preferred McCain to W — McCain was popular across the aisle until he became the candidate (and of course that also changed with his selection of running mate).

              For myself now – I haven’t taken the time to go back to Reagan and re-appraise now that I’m no longer of the Left, but otherwise much the same as that theoretical liberal. And Romney would’ve been fine, he was an institutional Republican — I voted for Obama but by that point was not-liberal enough that I wouldn’t have been distressed by Romney winning.Report

              • Pinky in reply to KenB
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                says:

                My list would have changed across time, but due to changes in appraisal rather than ideology. I see Reagan as (at least!) a step up from Nixon, W as better than Dole, and Romney as an improvement from McCain. I liked Bush 1 and Dole at the time, but I don’t think I can give them a firm “improvement”.

                In a flat rating, I don’t know if I’d put Trump higher than Nixon.Report

              • KenB in reply to Pinky
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                says:

                Part of my evolution has been to have much less strong opinions about what even constitutes “good” vs “bad” and to be more aware of the vast complexities and uncertainty involved. Leaving aside any specific candidates, it would be interesting to discuss what our criteria would be.Report

              • Pinky in reply to KenB
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                says:

                It’s interesting; I just started to jot down notes on my criteria and it became obvious to me that the three improvements on my list were with regard to character. Reagan’s character as an improvement over Nixon should be obvious. I think W surpassed Dole in character as a leader, whatever else you may think of him. There was no pettiness in W. We never got to see a President McCain or a President Romney, so it’s hard to rate their public characters, but Romney showed character in his private life that McCain didn’t.Report

              • Chip Daniels in reply to KenB
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                says:

                Those are fair comments.

                The trend line from Ike to Trump isn’t a straight one, it has some peaks as you note, from Reagan to GW Bush or from W to McCain.

                But the trend line IS downward, and there is no reason to think there is a GW Bush hovering out there in the wings.
                Whoever replaces Trump will almost certainly be in the mold of Abbots or DeSantis, both of whom have every bit as much disdain for democracy and the rule of law. Trump, as has been pointed out repeatedly, is the product of the GOP, not some aberration.

                And as a former Reaganite, and a very big fan of Bob Dole circa 1996, its been dispiriting to see even the “good” Republicans one by one fall to the power of the ring, with Dole in his last days praising Trump.Report

              • KenB in reply to Chip Daniels
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                I sort of understand what you’re saying but am curious, can you specify the characteristic or variable you have in mind that’s going in that direction? I’m not ready to agree that’s there’s an actual trend line, vs just the effects of different parts of the GOP coalition having more or less influence at different points, as well as changes in the coalition.

                I probably also disagree about DeSantis vis a vis Trump — I think Trump is dangerous in a sui generis way, and even an opportunist like DeSantis who adopted some of his tactics would ultimately still follow the rule of law and be preferable.Report

              • Chip Daniels in reply to KenB
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                says:

                Even just comparing DeSantis or any of the current crop of Republicans to previous generations of Republicans we can see how disregard for democracy and the rule of law is now widespread throughout the party, having little to do with Trump.

                The vast majority of the rank and file Republican base is committed to the Big Lie of a stolen election, and the same vast majority embraces the “I will be your retribution” line

                The party reflects this; Abbot, DeSantis, Youngkin- None of them can deviate from the blood and soil ethno-nationalism, and couldn’t even if they tried.

                DeSantis is happy to use the power of government to punish Disney, for no other reason than they publicly criticized him. He is intent on coercively forcing universities to adopt political positions he likes, and tolerates no dissent.

                Abbot just straight up refuses to follow the law regarding the border, even to the point of standing off federal police at gunpoint.

                Trump, it must be said over and again, is not sui generis, but entirely a creature of the Republican party base.Report

              • InMD in reply to KenB
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                says:

                There’s no world where I would vote for DeSantis, but I am sort of with you in the sense that I would like to think that a former JAG would have a different kind of appreciation for basic rule of law, sanctity of certain constitutional processes, that Trump clearly disdains. However, while Chip and I are probably fairly construed as coming from different schools of liberalism, I don’t see how anyone can be sure as long as Republicans are swearing fealty to Trump. Regardless of how one characterizes 1/6, can anyone really believe any defeated Republican wouldn’t attempt to orchestrate a similar incident? Until one just walks away, or Trump no longer is in charge of the party, I don’t see how anyone can.

                And this is where I do find apologetics for Trump (which I know you aren’t doing) so strange. Sure, the Democrats are trying to take advantage of Trump’s crazy and probably criminal behavior where they can, but why wouldn’t or shouldn’t they? And who opened the door for all of this stuff with his own conduct? All is to say I think Chip really has a point, and that the facts even under the most charitable interpretation for Trump all arise from doors he personally chose to open. Any analysis that omits that or tries to abstract it a way just isn’t very strong IMHO.Report

              • Pinky in reply to InMD
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                says:

                “Regardless of how one characterizes 1/6, can anyone really believe any defeated Republican wouldn’t attempt to orchestrate a similar incident?”

                Why would we think that?Report

              • Philip H in reply to Pinky
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                says:

                Please provide us a list of 2023-2024 Republican candidates for President who called January 6th an attack on democracy, and insurrection, or even a riot. Chris Christie is the only one I know of.Report

              • InMD in reply to Pinky
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                says:

                Because as best as I can tell all of them with the exception of Chris Christie have either expressly or tacitly endorsed it. If it’s a legitimate path to power why wouldn’t they do it?Report

              • Philip H in reply to InMD
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                says:

                If it’s seen as a legitimate path to power why wouldn’t they do it?

                Fixed that for ya!Report

              • Pinky in reply to InMD
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                says:

                What? I mean, Philip’s comment was a word game, but even he didn’t say that anyone endorsed it. I don’t care if someone refuses to call it an insurrection, but endorsing? I mean, did you actually mean to type that?Report

              • InMD in reply to Pinky
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                Yes, I meant it. You don’t endorse a person for high office much less actively cooperate with and assist that person in gaining power if you think their methods are illegitimate. So if it’s legitimate for Trump to do what he did, why wouldn’t they think it is for them?

                To be clear I am totally putting aside the insurrection question.Report

              • Pinky in reply to InMD
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                says:

                To compete in the Republican primary, you had to promise to support the eventual candidate. I think that Pence and Christie will probably fulfill that to my comfort level. I think less of DeSantis for his endorsement. Now, I wouldn’t say that Trump acted illegitimately on January 6th, just scummier than anyone who’s ever run for the office. You can’t call that statement an endorsement of Trump’s activities on January 6th though.Report

              • InMD in reply to Pinky
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                says:

                I hold people who want high office to a higher standard on something like this. My take away from Jan. 6, whether an insurrection, or just a bunch of criminal activity by the specific individuals who have been convicted of or plead to something, is that our system is fragile. No one should ever go remotely close to anything like that ever again and I think it’s fair to expect those who want to be president to clearly say they would not.Report

              • KenB in reply to InMD
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                says:

                I think it’s complicated — to have a chance at winning an R primary, you have to at least not condemn what Trump did, so from an information theory POV, the mere fact that an R candidate supports the Stolen Election claim doesn’t mean they would try that themselves. There have been plenty of R losers who supported Trump, and most of them haven’t tried the same shenanigans — is there anyone besides Kari Lake in Arizona?

                OTOH it’s obviously a possibility that has to be accounted for. There have been losing candidates on both sides have made noises about the idea that their loss was not legitimate, but Trump blasted that door wide open for future losers to actually take it as far as it will go.Report

              • InMD in reply to KenB
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                says:

                That’s my concern. I don’t look kindly upon those who have had sour grapes over an election, including on my own side, or made vague claims suggesting there was some kind of illicit activity that is never substantiated.

                But this was at minimum another level that ought to be pretty easy to disavow. Of course not everyone will attempt it but as long as politicians are in lock step with a guy who did I don’t think it can be hand waved away.Report

              • Pinky in reply to KenB
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                says:

                One of the word games that candidates play is saying that the election was rigged, meaning the processes that were altered for covid safety gave Biden an unfair advantage. “The election was rigged” isn’t the same as “the election was stolen” or “Trump won”.

                I think January 6th proved that the democracy is doing fine, but that Capitol Police need broader deadly force protocols. I mean, I’ve been stuck in traffic for longer than the electoral vote count was delayed.

                ETA:

                “to have a chance at winning an R primary, you have to at least not condemn what Trump did”

                I don’t think that’s true; you just have to play the kind of word game I referred to earlier.Report

              • InMD in reply to Pinky
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                says:

                I think it’s worth remembering though that there was more going on than just the people running wild and attacking at the Capitol. There were the fraudulent electors in 7 states. There were the Republican Congressmen issuing challenges during the counting procedure for no merited reason other than to create an opening for an incident (this has of course been made a lot harder by statutory changes). There was of course Trump’s infamous phone call to Raffensperger a few days before. There was the strategic decision by Trump not to deploy the national guard to help restore order in the midst of the chaos.

                Is the conclusion that putting the people from the mob or the fake electors in prison is enough to deter recurrence? It seems to me like it punishes the lowest people on the totem pole while letting the political actors off the hook.

                Put more succinctly if the risk is just that your stupidest followers might go to jail why not try it? And maybe next time the fools actually reach the ballots or something else that creates a pretext for a very different outcome.Report

              • Pinky in reply to InMD
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                The fraudulent electors, as near as I can tell, were based on a legal theory that got nowhere, so they constituted no threat. Challenges from both sides are regular occurrences. The Raffensperger phone call was the opposite of infamous, it was pathetic and pointless.

                The fools won’t reach the ballots if we broaden the deadly force protocols.Report

              • Philip H in reply to Pinky
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                says:

                The fraudulent electors, as near as I can tell, were based on a legal theory that got nowhere, so they constituted no threat.

                The attorneys general who have obtained successful indictments against those folks would like a word.Report

              • InMD in reply to Pinky
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                says:

                Well, I agree on loosening the use of deadly force standards for the situation. Still not sure a heightened possibility of the QAnon Shaman being blown away deters the political actors.

                I know we have debated the nature of the other crimes before so no point in rehashing. Suffice to say that I’m not ready to dismiss the whole thing as a sort of no harm no foul LARP that got out of control. People really do get in trouble for attempting to file fraudulent documents or disrupt official proceedings even where clearly idiotic and ham fisted. There is a risk to just letting it go.Report

              • Pinky in reply to InMD
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                says:

                I’d be more worried about a Democrat or a Republican repeating the Steele dossier scheme than repeating the alternative electors scheme.Report

  3. Saul Degraw
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    Is anyone surprised by this?Report

  4. James Kerr
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    At this point the only thing that can stop Trump from winning the nomination is the Grim Reaper.Report

  5. Pinky
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    says:

    DeSantis Says He Will Try Running Again When He’s A Senile 75-Year-Old

    https://babylonbee.com/news/desantis-drops-out-of-race-after-evidence-surfaces-of-him-not-being-over-75Report

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