this post was submitted on 05 Mar 2024
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politics

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submitted 8 months ago* (last edited 6 months ago) by ChunkMcHorkle@lemmy.world to c/politics@lemmy.world
 

Excerpt:

It’s extremely difficult to square this ruling with the text of Section 3 [of the Fourteenth Amendment]. The language is clearly mandatory. The first words are “No person shall be” a member of Congress or a state or federal officer if that person has engaged in insurrection or rebellion or provided aid or comfort to the enemies of the Constitution. The Section then says, “But Congress may by a vote of two-thirds of each house, remove such disability.”

In other words, the Constitution imposes the disability, and only a supermajority of Congress can remove it. But under the Supreme Court’s reasoning, the meaning is inverted: The Constitution merely allows Congress to impose the disability, and if Congress chooses not to enact legislation enforcing the section, then the disability does not exist. The Supreme Court has effectively replaced a very high bar for allowing insurrectionists into federal office — a supermajority vote by Congress — with the lowest bar imaginable: congressional inaction.

This is a fairly easy read for the legal layperson, and the best general overview I've seen yet that sets forth the various legal and constitutional factors involved in today's decision, including the concurring dissent by Justices Kagan, Sotomayor, and Jackson.

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[–] xmunk@sh.itjust.works 114 points 8 months ago (4 children)

Absolutely, it's insane that congress passed an ammendment that said a thing and now the Supreme Court is saying "no, it doesn't say that thing, if you wanted that to apply you'd need to pass a congressional act on a case by case basis."

Imagine if everytime someone committed tax fraud congress had to officially vote to investigate that specific person. Imagine if a country like America was unable to delegate any powers.

[–] bambam@piefed.social 14 points 8 months ago

Literalism is just a tool for the corrupt Supremes to wield as a convenience.

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