politics
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@maegul @politics
It's natural that disqualification under 14A should be a federal question, but it's nonsensical that SCOTUS would require Congress to enforce the Constitution. That was not predictable.
What the Dems did do when they had the House was impeach Trump for insurrection. If the Senate had done their job by convicting him, then, in the second phase of impeachment, he would have been barred for office for life. But, led by McConnell, they voted to let him be president again.
@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.
@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.