I agree that it would be a terrible ruling. But unfortunately, I’m 99% sure that was the argument made by one of the dissenting judges in the Colorado case. I’m working right now or I’d link it.

Edit: https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2023/23SA300.pdf In page 6 of the 2nd dissent (sorry don’t know the PDF Page because it’s not showing in my mobile)

He says “Section Three of the Fourteenth Amendment is not self-executing, and that Congress alone is empowered to pass any enabling legislation.”