But that’s my point exactly about the law as written leaving open ambiguity. The courts have generally either affirmed the law as written/upheld in case law, struck down parts or entire portions of the law, or bounced lesser issues back to the lower courts.
There already is a political process for individual, case by case disqualification - impeachment. Congress has already adopted a law regarding disqualification for insurrection, and the courts did not strike down that law in part or whole, despite gutting the enforcement mechanism.
It’s also not a small group of people deciding to capriciously allow or disqualify people the chance at office. Congress determined that insurrection is a disqualifying offense, as is being too young, or not a citizen. We don’t kick disqualifications for those categories back to Congress for a ‘trial’ but this is being treated differently, because the court is shirking from its traditionally assumed role
Congress wrote laws specifying the process specifically of getting on the ballot, those laws preclude age and require citizenship, but I don’t think specify the process for removing an insurrectionist. And I think that because if they did someone would have opened a federal suit of the election commission by now.
But that’s my point exactly about the law as written leaving open ambiguity. The courts have generally either affirmed the law as written/upheld in case law, struck down parts or entire portions of the law, or bounced lesser issues back to the lower courts.
There already is a political process for individual, case by case disqualification - impeachment. Congress has already adopted a law regarding disqualification for insurrection, and the courts did not strike down that law in part or whole, despite gutting the enforcement mechanism.
It’s also not a small group of people deciding to capriciously allow or disqualify people the chance at office. Congress determined that insurrection is a disqualifying offense, as is being too young, or not a citizen. We don’t kick disqualifications for those categories back to Congress for a ‘trial’ but this is being treated differently, because the court is shirking from its traditionally assumed role
Congress wrote laws specifying the process specifically of getting on the ballot, those laws preclude age and require citizenship, but I don’t think specify the process for removing an insurrectionist. And I think that because if they did someone would have opened a federal suit of the election commission by now.