politics
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@barney @politics
Sorry, just read 14A, sec 5:
> The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
The decision seems pretty predictable to me then.
In fact it seems that this was never going anywhere and that the provisions are actually pretty weak. If an insurrectionist is popular enough to be a plausible presidential candidate, then they’re not unlikely to have significant support in congress.
Sorry, but what part of section 5 prohibits any other enforcement? It just means federal laws aimed at preserving the other sections are constitutional.
@maegul @politics
Not at all. The rest of the 14th Amendment is all self-executing. E.g. if your right to due process has been violated, you can sue, without needing Congress to pass a law that specifically protects you. As the 4-justice SCOTUS minority said, it doesn't make sense to require legislation for just this one section.
Anyway, if the Dem-controlled House had passed a bill declaring Trump ineligible for office, Senate Republicans would have filibustered it. So it's a moot point.
@barney @politics
Yep that so makes sense to me now. Thanks! Seems like a petty bad decision then.
@maegul @politics
No, it's fine.