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PaperclipPerfector  1mo ago (text post)   28149 thread views

Culture War Roundup for the week of March 4, 2024

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Trump case out on him being an insurrectionists.

https://www.supremecourt.gov/opinions/23pdf/23-719_19m2.pdf

Compared to the Reddit debates and how the SC would prevent this as a non-lawyer I thought the opinion was fairly basic and simple. It seems to me that they just declared it a Feds power in Federal elections and the States don’t get a say. Personally, I did come to a belief that it was self-executing.

I think they avoided really touching on all the novel legal theories both ways going around on Reddit or twitter.

It came down to what I believe was one of my original views that letting States have any say in declaring someone an insurrectionists would be a complete clusterfuck and basically turn into state legislatures electing Presidents. Therefore they declared it a federal power.

I would call this pragmatic versus legally correct in my opinion. They avoided 100 page treatise on whether the President is an office holder.

I predicted something between 7-2 and 9-0. 9-0 seems better for the nation.

in their opinion they also made a reference to the problem of congress being able to remove the disqualification which is something i brought up here on the motte: https://www.themotte.org/post/801/colorado-supreme-court-thread/172633?context=8#context

not exactly the same argument tho.

Its final sentence empowers Congress to “remove” any Section 3 “disability” by a two-thirds vote of each house. The text imposes no limits on that power, and Congress may exercise it any time, as the respondents concede. See Brief for Respondents 50. In fact, historically, Congress sometimes exercised this amnesty power postelection to ensure that some of the people’s chosen candidates could take office. But if States were free to enforce Section 3 by barring candidates from running in the first place, Congress would be forced to exercise its disability removal power before voting begins if it wished for its decision to have any effect on the current election cycle. Perhaps a State may burden congressional authority in such a way when it exercises its “exclusive” sovereign power over its own state offices. But it is implausible to suppose that the Constitution affirmatively delegated to the States the authority to impose such a burden on congressional power with respect to candidates for federal office. Cf. McCulloch v. Maryland, 4 Wheat. 316, 436 (1819) (“States have no power . . . to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress”).

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