• spongebue@lemmy.world
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    1 year ago

    They’ll say “the enforcement mechanism of the 14th Amendment isn’t clear, so it’s up to Congress to determine if someone is in violation and must be kept off the ballot.”

    Which would be such a stupid take, because if someone were deemed ineligible, Congress can override that per the last sentence of section 3

    But Congress may by a vote of two-thirds of each House, remove such disability.

    Why would Congress be designated the one to make that decision if it’s also the one to override it? Especially when 2/3 is a pretty big threshold to make?

    I’m not saying you’re wrong in predicting the possibility, it would just be a terrible ruling if you’re right.

    • jballs
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      1 year ago

      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.”