The Supreme Court can’t punt on Trump’s disqualification without threatening the Constitution
3 years ago by MicroWave to c/politics
When the Supreme Court reviews Colorado’s decision to exclude President Trump from the state’s ballot, it will be delving into wholly uncharted territory.
The Supreme Court has never interpreted the constitutional provision prohibiting former office-holding insurrectionists from holding future office. Several leading constitutional scholars argue that, in part for this reason, the constitutional ban cannot be enforced without prior congressional enactment of guiding directives. The high court may consider this option to provide a welcome off-ramp.
But the position that the constitutional ban on insurrectionist office holders is not activated absent congressional legislation is not only incorrect, it also threatens the very foundations of America’s constitutional system.
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@MicroWave yeah but the supreme court can easily threaten the constitution. That's what 2/3rds of them were appointed to do in the first place.🤷♂️
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