You remain very, very dumb
Posted on: March 4, 2024 at 14:20:23 CT
Spanky KU
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"States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency.....
... power over governance, however, does not extend to federal officeholders and candidates. Because federal officers “‘owe their existence and functions to the united voice of the whole, not of a portion, of the people,’” powers over their election and qualifications must be specifically “delegated to, rather than reserved by, the States.” ....
...Nor have the respondents identified any tradition of state enforcement of Section 3 against federal officeholders or candidates in the years following ratification of the Fourteenth Amendment.3 Such a lack of historical precedent is generally a “‘telling indication’” of a “‘severe constitutional problem’” with the asserted power. And it is an especially telling sign here, because as noted, States did disqualify persons from holding state offices following ratification of the Fourteenth Amendment. That pattern of disqualification with respect to state, but not federal offices provides “persuasive evidence of a general understanding” that the States lacked enforcement power with respect to the latter...."