If Congress must act to re instate a candidate but almost must act to bar a candidate, why was the amendment written the way it was? Pretty stupid they want Congress to make the determination.
No one read beyond the insurrection clause, sec 5 of the 14th says only Congress can remove him
Oh look another illegal power grab by the supreme dipshits. 14th amendment section 3 states only Congress may remove an insurrectionist’s inability to hold office, not SCOTUS.
That’s not how the opinion works. The Supremes said states can’t remove candidates from the federal ballot under the insurrection clause. They can remove state candidates. It doesn’t rule on anything else.
The rest of their reasoning was basically “Congress can’t do this shit, it’d be a mess, so we’ll step up and reverse that clause.”
They specifically said they will enforce the constitution as they see fit.
As much as I hate Trump, I think it sets a dangerous precedent to allow a state to remove a candidate from the ballot pre-conviction. I hope he does get convicted and thus removed from the ballot however
Unanimous. Something we are missing?
They were probably all afraid that banning Trump on the ballot would tear so violently at the fabric of the country that it could end in a civil war with armed members of Trump’s base roaming the streets creating chaos.
This ruling is very unsurprising to me. I’d been very surprised if they had gone the other way.
The US is a very unhealthy country.
Edit: Spelling
So they’ve traded almost-certain major civil unrest, and perhaps eventual civil war, as a direct result of their decision, for…
checks notes
…almost-certain major civil unrest, and perhaps eventual civil war, as an indirect result of their decision, and also get a fascist government.
Sec 5 of the 14th clearly says only Congress can remove him
That’s if he’s in office. He’s not in office.
Sec 5 is the means of enforcing sec 3
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It was unanimous. Against constitutional precedent from the people who wrote the Amendment, btw.
So much for Originalism.
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I told everyone for months that sec 5 clearly says ONLY Congress can remove him. I wish I had bookmarked everyone that old me I was a bot or Russian that doesn’t know what they are talking about.
Please point out the word “only” in Section 5 to me. I must be blind: “The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”
“The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”
It’s right there The Congress shall have the power to enforce
I guess that must’ve been on your other account then?
On Reddit