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markpkessinger

(8,401 posts)
Mon Mar 4, 2024, 12:28 PM Mar 4

I believe the Supreme Court, including the three liberal justices, erred gravely today

Let's be clear: this is NOT a decision based on the text or intention of the Constitution as Amended. I believe there is a flaw in the court's reasoning on the question of whether a state can disqualify a candidate for the entire country. The decision by the Colorado Secretary of State affected only whether Trump would appear on the ballot in Colorado. Other states would still have been free to decide otherwise. And I believe that was precisely the intent of those who ratified the 14th Amendment, and would have been consistent with the very federalism the Constitution sets up.

The Constitution leaves it to the individual states to administer federal elections. I believe the drafters and ratifiers of the 14th Amendment envisioned a system whereby a state could indeed exclude a candidate from the ballot within its jurisdiction based on the candidate's participation in an insurrection, provided some sort of due process had occurred to make that determination. Such a process had occurred in Colorado. Under this envisioning, the candidate could then have appealed on the substantive question of whether he or she had, in fact, participated in an insurrection (a question today's ruling doesn't address at all).

The three liberal justices seem to have been concerned about creating a patchwork, but a patchwork is precisely what the Constitution sets up! If we are seriously worried about creating a patchwork, then logically we should dispense with the entire electoral system and have instead national federal elections administered by the federal government! But this ruling amounts to a picking and choosing of federalism when it suits the Court's preferred result.

Sorry, Justices Kagan, Sotomayor and Jackson -- all of you missed the boat on this one!

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I believe the Supreme Court, including the three liberal justices, erred gravely today (Original Post) markpkessinger Mar 4 OP
I thought states ran elections Charging Triceratops Mar 4 #1
Exactly! markpkessinger Mar 4 #2
Aren't we the country supposed to be ruled by our great Constitution? brush Mar 4 #3
Believe SC made the right decision on this one. It was a Civil War era Amendment aimed at Confederates. Silent Type Mar 4 #4
Okay atreides1 Mar 4 #6
Like the Electoral College. Think. Again. Mar 4 #27
Yep. triron Mar 4 #29
The drafters of the 14th Amendment knew as well as anyone today . . . markpkessinger Mar 4 #7
Sorry, I find the Constitution much like the Bible, there's something there to support just about any opinion/position. Silent Type Mar 4 #11
I defy anyone to find anything in the Constitution . . . markpkessinger Mar 4 #19
If it was intended just for them it would had specifically stated those involved in the Civil War. LiberalFighter Mar 4 #9
The Civil War never ended orthoclad Mar 4 #12
That is true, unfortunately. And I bet those like the POS in the photo will never end up on an election ballot. Silent Type Mar 4 #18
But Trump did. He orchestrated the whole damn thing. triron Mar 4 #30
Bingo! orthoclad Mar 5 #36
"A Civil War era Amendment" Prairie Gates Mar 4 #14
9-0. Silent Type Mar 4 #15
I agree with the decision Prairie Gates Mar 4 #16
Well, as long as we get to the right decision, who cares how we get there? Silent Type Mar 4 #17
We witnessed an attempted coup. So did SCROTUS. GreenWave Mar 4 #5
I totally agree with your post. That's why the states should IGNORE the ruling, and move forward with BComplex Mar 4 #8
Should the states ignore the rest of the 14th, and reinstate slavery? Fiendish Thingy Mar 4 #10
Ouch. BComplex Mar 4 #20
No, they determined states cannot individually enforce the constitution Fiendish Thingy Mar 4 #21
No, I already got that about THIS ruling. BComplex Mar 4 #22
It is indeed a corrupt court that should be expanded as soon as the opportunity presents itself Fiendish Thingy Mar 4 #23
So what Abbott is trying to do in Texas is OK? Ocelot II Mar 4 #26
Giving the authority to Congress limbicnuminousity Mar 4 #13
They didn't *give* the authority to congress, it's already there in the amendment Fiendish Thingy Mar 4 #24
Funny constitutional scholars must have missed that. triron Mar 4 #31
The scholars were busy debating how to enforce 14th absent action from congress. Nt Fiendish Thingy Mar 4 #33
Don't see more like the Supreme court added additonal authority to Congress standingtall Mar 4 #32
Where? limbicnuminousity Mar 4 #34
Section 5 Fiendish Thingy Mar 4 #35
So we can have a patchwork for abortion among other things but not this huh? nt GuppyGal Mar 4 #25
Agree bucolic_frolic Mar 4 #28

brush

(53,876 posts)
3. Aren't we the country supposed to be ruled by our great Constitution?
Mon Mar 4, 2024, 12:35 PM
Mar 4

Why tout it if we don't follow it? And I agree with the OP, the three liberal justices seem to be bullied by the 3 maga ts.

Where's the strong descent? Where?

Silent Type

(2,975 posts)
4. Believe SC made the right decision on this one. It was a Civil War era Amendment aimed at Confederates.
Mon Mar 4, 2024, 12:36 PM
Mar 4

However, I sure wouldn't have griped if trump had been removed from ballot.

atreides1

(16,093 posts)
6. Okay
Mon Mar 4, 2024, 12:47 PM
Mar 4

So, based on that reasoning...since there are no longer any Confederates running for office...wouldn't it make sense for article 3 to be revoked?


Each amendment should be checked over, and anything that has no bearing on the current century, tossed out since it may no longer be relevant!

markpkessinger

(8,401 posts)
7. The drafters of the 14th Amendment knew as well as anyone today . . .
Mon Mar 4, 2024, 12:55 PM
Mar 4

. . . how to craft language that would apply solely to Confederates from the Civil War. The fact that they did not do so says to me that their intent was aimed both at Confederates and at future insurrectionists.

Silent Type

(2,975 posts)
11. Sorry, I find the Constitution much like the Bible, there's something there to support just about any opinion/position.
Mon Mar 4, 2024, 01:04 PM
Mar 4

markpkessinger

(8,401 posts)
19. I defy anyone to find anything in the Constitution . . .
Mon Mar 4, 2024, 02:36 PM
Mar 4

. . . that says that the 14th Amendment applies only to Civil War Confederates.

Silent Type

(2,975 posts)
18. That is true, unfortunately. And I bet those like the POS in the photo will never end up on an election ballot.
Mon Mar 4, 2024, 02:18 PM
Mar 4

GreenWave

(6,766 posts)
5. We witnessed an attempted coup. So did SCROTUS.
Mon Mar 4, 2024, 12:46 PM
Mar 4

Since they could have been killed that day, they should have been awaiting this opportunity. But their cowardice to the Insurrectionists once again appeared.
PROTECT AMERICA, NOT TRUMP!

BComplex

(8,067 posts)
8. I totally agree with your post. That's why the states should IGNORE the ruling, and move forward with
Mon Mar 4, 2024, 12:55 PM
Mar 4

what the constitution actually says. As soon as that starts to happen, we're going to see a reckoning take place that is past due for this court.

Red states are ALREADY ignoring supreme court rulings. Once the blue and purple states start ignoring the courts, we will see some changes. It might come as a shock if the actual sane people do it, because "it's okay if you're a republican". Let's catch some hair on fire and see what happens.

Fiendish Thingy

(15,659 posts)
10. Should the states ignore the rest of the 14th, and reinstate slavery?
Mon Mar 4, 2024, 01:01 PM
Mar 4

Because that’s the kind of anarchy you’re advocating.

BComplex

(8,067 posts)
20. Ouch.
Mon Mar 4, 2024, 02:40 PM
Mar 4

Point taken.

But, on edit: hasn't the supreme court ALREADY taken the 14th amendment and thrown out the intent? I understand what you're saying, and I agree. But we're already dealing with a court that has no regard for the intent of the laws that are on the books.

Fiendish Thingy

(15,659 posts)
21. No, they determined states cannot individually enforce the constitution
Mon Mar 4, 2024, 02:46 PM
Mar 4

Their authority is derived from congress/federal government.

BComplex

(8,067 posts)
22. No, I already got that about THIS ruling.
Mon Mar 4, 2024, 02:58 PM
Mar 4

And I agree. But this court is, in my humble opinion, throwing out everything the constitution was supposed to stand for, even, and maybe especially, the right for extremists to form their own militias. (2nd amndmnt).

Citizens United happened even BEFORE the dreaded trio that republicans pushed through for trump (and the Federalist society, and the Heritage Foundation, well, and all the oligarchs). Destruction of the voting rights act, one rung of the ladder at a time. Dobbs, taking away right to privacy of your own body and health. Now about to decide whether any (ANY!!) of the regulatory agencies have a right to exist to protect we, the people, from dirty air, water, dangers on the job.

Do you not agree, Fiendish Thingy, that they are already bastardizing whichever parts of the constitution that don't suit their extremist agenda?

Fiendish Thingy

(15,659 posts)
23. It is indeed a corrupt court that should be expanded as soon as the opportunity presents itself
Mon Mar 4, 2024, 03:03 PM
Mar 4

But sometimes they get things right.

This was one of those times. Ruling against immunity will be another.

Ocelot II

(115,869 posts)
26. So what Abbott is trying to do in Texas is OK?
Mon Mar 4, 2024, 03:08 PM
Mar 4

States can just ignore any decision their governors or legislatures don’t agree with? Why do we even have a federal government? We might as well break into independent sovereign countries, put together something like the EU with no bothersome overarching government. How does that sound?

Fiendish Thingy

(15,659 posts)
24. They didn't *give* the authority to congress, it's already there in the amendment
Mon Mar 4, 2024, 03:05 PM
Mar 4

Congress has passed laws saying if you are convicted of insurrection (and, IIRC, a few other crimes) you cannot hold federal office.

standingtall

(2,787 posts)
32. Don't see more like the Supreme court added additonal authority to Congress
Mon Mar 4, 2024, 03:28 PM
Mar 4

The end of Section 3 "But Congress may by a vote of two-thirds of each House, remove such disability." There is no reason for this to be here if Congress were intended to have the sole authority of ineligibility.


The very short section 5 "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

Congress would be enforcing this provision by not removing it by a 2/3rds majority. A Congress isn't going to declare a Candidate ineligible and then the same Congress also declare a candidate eligible within the same election cycle.

limbicnuminousity

(1,405 posts)
34. Where?
Mon Mar 4, 2024, 05:29 PM
Mar 4

Based on the wording:

Section 3.
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.


The first sentence declares you can't hold office if you've committed insurrection, rebelled, or given comfort to the enemy. Sentence 2 states Congress can "remove the disability" which seems to indicate that an insurrectionist can hold office if 2/3 of Congress agrees to ignore the rule. I don't see anything about Congress deciding whether or not a party is guilty of insurrection. Congress can choose to ignore whether or not a candidate is guilty of insurrection, but Congress is not explicitly empowered to make the determination.

Fiendish Thingy

(15,659 posts)
35. Section 5
Mon Mar 4, 2024, 05:57 PM
Mar 4

And congress already exercised that authority by including a clause in the statute for the crime of insurrection, which prohibits someone convicted of that crime from holding federal office.

bucolic_frolic

(43,311 posts)
28. Agree
Mon Mar 4, 2024, 03:15 PM
Mar 4

But there is still the question in your scenario of how you separate ballot access from political hardball.

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