The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
It’s a bit of a technicality, while trump is ineligible to be POTUS or anything else; it remains congress’s job to enforce that ineligibility
Think of a DWI- you’re not allowed to drive drunk but if cops or somebody weren’t going around watching for it, the law would be meaningless.
Section five means, as far as the rest of the 14th is concerned, congress are the proverbial cops.
Which, if you think about, makes it so that elected people are in the power of enforcement, compared to SCROTUS who are appointed for life, and obviously don’t reflect the direct will of the people.
All of that said? I disagree that states don’t have the right to control who’s on the ballot.
In some regards they already are making those decisions- you can’t just go put your name in the hat. As an example of stated making that determination; you have, for example, citizenship being considered.
Edit: it should also be noted that while the “states don’t have that authority” was unanimously decided, the liberal justices and Barrett disagreed with the rest of it, saying the majority opinion went too far.
You’re arguing something that is fundamentally not relevant.
Sorry. That’s not what the SCROTUS decision is about.
Stop it. You sound like a republican.
Edit: they are saying a “specific act”. I’m not sure what they envision it detailing, but it’s not a full impeachment. If you view victor berger’s unseating as a result of his espionage conviction (which is really the only procedural precedent we’ve got,) then that’s a simple majority vote.
This is worse than I thought (I’m basing it off reading the actual ruling unfortunately my eyes must have glazed over, and I’m not all the way through-)
End edit:
The scotus decision basically just says that Colorado can’t enforce the 14th on federal employees.
Their reasoning, if I understood it right is that:
the amendment specifically says the onus is US congress, and doesn’t specifically delegate powers to the state governments
the matter of elections are merely delegated to states, implying they’re never given explicit authority to find some one ineligible or otherwise. (Though, nobody who is too young is allowed on the ballot. Nor citizenship status,)
it would be “messy” to allow states to enforce it, since they’re likely to come to different decisions.
They explicitly shied away from making a decision on that. (Probably since we all fucking saw it live on Jan 6.)
Well i certainly lack love for christ…. And if you enjoy the secular aspects, that’s you’re business, but please don’t stand there and tell me the holiday is entirely secular, not when literally every church here is having a Christmas Eve service and “the true meaning of Christmas” is being put on blast every bit as much as the shitty holiday music is.
Also? I’m not a bipedal mouse and I couldn’t give two rat farts about Disneyland either. (Okay, so one doesn’t follow other, but both are true.)