This case raises the question whether the States, in addition to Congress, may also enforce Section 3. We conclude that States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency.

For the reasons given, responsibility for enforcing Section 3 against federal officeholders and candidates rests with Congress and not the States. The judgment of the Colorado Supreme Court therefore cannot stand.

  • girlfreddy@lemmy.caOP
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    8 months ago

    It’s this little blurb that I question …

    The relevant provision is Section 5, which enables Congress, subject of course to judicial review, to pass “appropriate legislation” to “enforce” the Fourteenth Amendment. See City of Boerne v. Flores, 521 U. S. 507, 536 (1997).

    It’s like SCOTUS is talking out of both sides of their mouth. Only Congress can decide but we have to review and OK it as well.

    Bah.

    • horsey
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      8 months ago

      That is how any law works though, isn’t it? The Supreme Court can determine whether it’s constitutional?