• Cosmic Cleric
    link
    910 months ago

    No mention of the Court’s reasoning that it should not be enforced at the State level, but instead at the Federal level?

      • Cosmic Cleric
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        3
        edit-2
        10 months ago

        No mention of the Court’s reasoning that it should not be enforced at the State level, but instead at the Federal level?

        See paragraphs 7, 10, and 12 of the article, which discuss factors already decided at the state level and how this ruling impacts the status quo.

        I was speaking of the summary. A balanced summary is an intellectually honest summary.

        Also, only paragraph 12 (kind of) covers what I asked about (Court’s reasoning of Fed vs State enforcement; see above) …

        It would be clearly preferable if Congress were to pass enforcement legislation that established explicit procedures for resolving disputes under Section 3, including setting the burden of proof and creating timetables and deadlines for filing challenges and hearing appeals. Establishing a uniform process is better than living with a patchwork of state proceedings.

        For reference sake, here are the three paragraphs you mentioned …

        From the article, paragraph 7 …

        But now Section 3 is different from other sections of the amendment. It requires federal legislation to enforce its terms, at least as applied to candidates for federal office. Through inaction alone, Congress can effectively erase part of the 14th Amendment.

        From the article, paragraph 10 …

        As Kagan, Sotomayor and Jackson point out, this approach is also inconsistent with the constitutional approach to other qualifications for the presidency. We can bar individuals from holding office who are under the age limit or who don’t meet the relevant citizenship requirement without congressional enforcement legislation. We can enforce the two-term presidential term limit without congressional enforcement legislation. Section 3 now stands apart not only from the rest of the 14th Amendment, but also from the other constitutional requirements for the presidency.

        From the article, paragraph 12 …

        It would be clearly preferable if Congress were to pass enforcement legislation that established explicit procedures for resolving disputes under Section 3, including setting the burden of proof and creating timetables and deadlines for filing challenges and hearing appeals. Establishing a uniform process is better than living with a patchwork of state proceedings. But the fact that Congress has not acted should not effectively erase the words from the constitutional page. Chaotic enforcement of the Constitution may be suboptimal. But it’s far better than not enforcing the Constitution at all.

          • Cosmic Cleric
            link
            310 months ago
             was speaking of the summary.
            

            No, you were speaking of

            No, I was speaking of the summary.

            You’re misrepresenting what I said, even after I told you explicitly what I was saying. You are not being intellectually honest.