this post was submitted on 05 Mar 2024
55 points (85.7% liked)

politics

19089 readers
5313 users here now

Welcome to the discussion of US Politics!

Rules:

  1. 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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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

World News

Business News

Political Discussion

Ask Politics

Military News

Global Politics

Moderate Politics

Progressive Politics

UK Politics

Canadian Politics

Australian Politics

New Zealand Politics

founded 1 year ago
MODERATORS
 

Not knowing US constitutional law, it seems to me the SCOTUS decision might mean that the Dems missed an opportunity when they had the house

That it’s a federal matter seems legally predictable/natural to me, and that it then falls to congress to enforce then also seems natural.

What am I missing on that?

Otherwise, what would the Dems have had to lose by passing an act when they had the house? The 14th was right there.

#uspol
@politics

you are viewing a single comment's thread
view the rest of the comments
[–] Ranvier@sopuli.xyz 2 points 8 months ago* (last edited 8 months ago)

That clause is at the very end of the 14th amendment, section 5, and they are cherry picking, this is extra power for congress if they want to make additional laws to help enforce it. However the 14th amendment has four sections prior to this (not just the section on insurrectionists) and these are often enforced even without specific additional laws, such as equal protection, through the courts. Sure congress can make specific laws helping to enforce equal protection, but they don't have to, you could always sue in the court if your constitutional rights were violated.

The clause about congress may make laws is also included in other portions of the constitution. The reason it's added is without it, it might be unclear if federal congress would be able to make any additional law pertaining to this beyond what is already written in the amendment, due to the tenth amendment which states that any powers not specifically delegated to the federal government fall to the states. This reasoning is present in the still recorded debates to get the amendment passed in the first place, when someone brought up is it necessary to even add that clause at the end. So if say congress wants to make more laws to help protect voting rights (also protected in the 14th amendment), they now have the power to do so and can cite that clause for why they are able to make this law under the constitution, but what is already written in the amendment does not vanish without more laws, it's nonsensical.

The liberal justices argue (correctly imo) that limiting just this portion of the amendment to be non active at all unless congress makes a specific law makes no sense, is not how it was used historically, and goes too far. The conservative justices are willfully misreading this to try and shut off any potential route to using the 14th amendment as intended here, such as through the federal courts.

Your argument (and the conservatives on the supreme court) would be saying because of this clause the entire fourteenth amendment, sections 1 through 4, (and any other part of the constitution that uses this language, including the thirteenth amendment banning slavery) are totally inactive unless congress decides to make a specific law about it. So no ability to sue for violation of equal protection? No protection of voting rights unless congress decides to make a law about it? No ban on slavery if congress doesn't get around to passing something? What kind of constitutional protection is that, if it can just be stripped away simply by congressional inaction? And how does that make any sense when for this specific clause it goes out of its way to say a 2/3rds majority of congress is needed to override it? The conservatives arugment effectively totally nullifies this and makes it a simple majority to over ride it.

There's no reason to isolate just this portion of the amendment, and say this part is inactive without a specific law, unless they're a partisan hack like most of the supreme court, trying to provide cover for individuals who made an attempted coup. Or more lazily just side stepping the responsibilities of the court. Even Barrett thought the other conservative justices were going too far.