SCOTUS unanimously ruled States cannot use Section 3 of the 14th to remove Trump from ballots
SCOTUS unanimously ruled States cannot use Section 3 of the 14th to remove Trump from ballots
In the 20 page ruling, SCOTUS said States have no authority to bar candidates from Federal offices, only State offices
On March 4th, 2024, SCOTUS unanimously ruled that Colorado cannot remove Trump from the ballot using Section 3 of the 14th Amendment.
In the ruling, they concluded that Congress has sole authority over determining how the various sections under the 14th Amendment are carried out with respect to federal offices, citing section 5 which allows Congress to pass appropriate legislation. The lack of explicit directions on how to enforce section 3 means that Congress must pass legislation to do so.
SCOTUS additionally determined that States only have the authority to enforce Section 3 with respect to State offices, not federal, and most definitely not the Presidency.
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.
They concluded that Federal Officers “owe their existence and functions to the United voice of the whole, not a portion, of the people,” and that States’ powers over their elections and qualification must be “specifically delegated to, rather than reserved by, the States.”
The Justices concluded that States should not have freer reign over the ability to remove or disqualify candidates than Congress which is granted its authority by Section 5 of the 14th Amendment.
They suggested that the issue of uniformity amongst States in the instance of Section 3 disqualification raises significant national concerns. They cited possible incongruences between which evidence would be admissible in courts regarding whether a candidate did in fact commit acts that would be grounds for disqualification.
Disqualification would only be possible through criminal prosecution under relevant statutes that are already on the books. According to the ruling, anything that swayed from this procedural path would,
“sever the direct link that the Framers found so critical between the National Government and the people of the United States" as a whole.
It's a classic separation of powers that is maintained here by SCOTUS. Thankfully, the justices are faithfully carrying out their duties. This definitely frustrates authoritarians who attempt to lead all of us by the nose into slavery.
With the 9 to 0 Decision it gives me some hope left that we still have a Constitution !
Pray that TRUMP stays safe Pray he is well protected !!!!!!!!!