Comments by "possumverde" (@possumverde) on "MSNBC"
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The whole problem with sec 3 of the 14th amendment is that it doesn't indicate how it's supposed to be handled at all (something that is definitely Congress' job to fix.) For example, it became law many decades before there was even a federal statute addressing insurrection and rebellion. As a consequence one can argue that it's specific use of those two terms was meant to be a judgement call rather than require a conviction first (as there wasn't originally any statute to convict someone under related to those terms.) That pretty much flies in the face of the historical legal tradition of "innocent until proven guilty" but as written, the argument would be sound.
Since it's Congress' job to fix the problem, it makes sense that SCOTUS would pawn the responsibility for doing so off on them. One could argue that since SCOTUS is supposed to handle the interpretation of federal laws, then they should handle the issue. However, the law is so vague that any such interpretation on their part would essentially be the same as legislating from the bench. Granted SCOTUS has had a bad habit of doing such legislating over the last few decades or so (especially with 2nd amendment cases), so it is odd that they would suddenly decide to actually do their job properly for a change, but it is what it is.
In this particular case, the ruling is correct. The 14th amendment only applies to federal candidates. States are pretty much free to do whatever their state constitution allows when it comes to state/local elections. Interestingly, had Colorado had something similar to sec 3 of the 14th amendment in their own state constitution, then they may have actually been able to keep Trump off their ballot since the problem boiled down to their attempt to interpret and apply federal law at the state level. Something that is obviously not their jurisdiction. The people who filed that suit were well aware of that and chose the wrong jurisdiction on purpose because they knew it wouldn't fly in it's proper venue (federal court rather than state.) What's sad is that 5 of the 9 justices on the Colorado Supreme Court chose to rule based on their own political agenda rather than the law. Something that should cost them their seats...but won't.
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