307

Supreme Court restores Trump to ballot, rejecting state attempts to ban him over Capitol attack (apnews.com)

submitted 9 months ago by GiddyGap@lemm.ee to c/politics@lemmy.world

131 comments fedilink hide all child comments

you are viewing a single comment's thread
view the rest of the comments

[-] Telorand@reddthat.com 16 points 9 months ago

It says only Congress can reinstate him. It says nothing about Congress removing anyone from candidacy, because the "shall" language is self-executing.

[-] frezik@midwest.social 4 points 9 months ago

This is from the main opinion:

The Constitution empowers Congress to prescribe how those determinations should be made. The relevant provi- sion is Section 5, which enables Congress, subject of course to judicial review, to pass “appropriate legislation” to “en- force” the Fourteenth Amendment. See City of Boerne v. Flores, 521 U. S. 507, 536 (1997). Or as Senator Howard put it at the time the Amendment was framed, Section 5 “casts upon Congress the responsibility of seeing to it, for the future, that all the sections of the amendment are car- ried out in good faith.” Cong. Globe, 39th Cong., 1st Sess., at 2768

So they say Congress needs to pass legislation to enforce this, and that is the only way to take Trump off the ballot.

The concurring opinion from Sotomayor/Kagen/Jackson does not like this at all:

Although only an individual State’s action is at issue here, the majority opines on which federal actors can enforce Section 3, and how they must do so. The majority announces that a disqualification for insurrection can occur only when Congress enacts a particular kind of legislation pursuant to Section 5 of the Fourteenth Amend- ment. In doing so, the majority shuts the door on other po- tential means of federal enforcement. We cannot join an opinion that decides momentous and difficult issues unnec- essarily, and we therefore concur only in the judgment.

[-] Telorand@reddthat.com 7 points 9 months ago

Yep. I read section 5 for myself. It's a twisted way to read it that Congress is supposed to be the executor of the "shall" language in section 3, specifically through legislation. It just says Congress shall have the power to legislate the 14th Amendment. It does not say Congress shall legislate 14th amendment issues.

But that's kind of been their MO the whole time. "I don't wanna rule, so I'ma hide behind Congress and say it's their job."

[-] ryathal@sh.itjust.works 2 points 9 months ago

It seems pretty straightforward to argue congress needs to create a mechanism to label someone as having engaged in insurrection. All judges agreed a single state making that determination using their own rules isn't sufficient.

[-] Telorand@reddthat.com 1 points 9 months ago

I stand by what I said. They're hiding behind Congress instead of making a decision. They didn't seem to have a problem dusting off precedent from 150 years ago to make sweeping changes to how the country operates, before.

But now, when it comes to actually defending the self-executing portions of the Constitution, it's suddenly too hard, and it's Congress's job. Bunch of fucking cowards.

[-] Jimmyeatsausage@lemmy.world 2 points 9 months ago

Weird how "shall" means something totally different in the 2nd amendment than anywhere else in the document...those wacky founders!

this post was submitted on 04 Mar 2024

307 points (96.7% liked)

politics

19241 readers

2518 users here now

Welcome to the discussion of US Politics!

Rules:

Post only links to articles, Title must fairly describe link contents. If your title differs from the site’s, it should only be to add context or be more descriptive. Do not post entire articles in the body or in the comments.

Links must be to the original source, not an aggregator like Google Amp, MSN, or Yahoo.

Example:

Articles must be relevant to politics. Links must be to quality and original content. Articles should be worth reading. Clickbait, stub articles, and rehosted or stolen content are not allowed. Check your source for Reliability and Bias here.
Be civil, No violations of TOS. It’s OK to say the subject of an article is behaving like a (pejorative, pejorative). It’s NOT OK to say another USER is (pejorative). Strong language is fine, just not directed at other members. Engage in good-faith and with respect! This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
No memes, trolling, or low-effort comments. Reposts, misinformation, off-topic, trolling, or offensive. Similarly, if you see posts along these lines, do not engage. Report them, block them, and live a happier life than they do. We see too many slapfights that boil down to "Mom! He's bugging me!" and "I'm not touching you!" Going forward, slapfights will result in removed comments and temp bans to cool off.
Vote based on comment quality, not agreement. This community aims to foster discussion; please reward people for putting effort into articulating their viewpoint, even if you disagree with it.
No hate speech, slurs, celebrating death, advocating violence, or abusive language. This will result in a ban. Usernames containing racist, or inappropriate slurs will be banned without warning

We ask that the users report any comment or post that violate the rules, to use critical thinking when reading, posting or commenting. Users that post off-topic spam, advocate violence, have multiple comments or posts removed, weaponize reports or violate the code of conduct will be banned.

All posts and comments will be reviewed on a case-by-case basis. This means that some content that violates the rules may be allowed, while other content that does not violate the rules may be removed. The moderators retain the right to remove any content and ban users.

That's all the rules!

Civic Links

• Register To Vote

• Citizenship Resource Center

• Congressional Awards Program

• Federal Government Agencies

• Library of Congress Legislative Resources

• The White House

• U.S. House of Representatives

• U.S. Senate

Partnered Communities:

• News