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.

  • @derf82
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    38 months ago

    Which makes zero sense. Why include a provision that congress can undo it with a 2/3rds vote if congress had to block them with a mere majority to start with?

    And if the feds get to decide who is on the ballot, why is history filled with candidates not on the ballot in some states? Their ruling was based on what they thought the law should be, not what it is.