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The decsion was well reasoned

Posted on: March 4, 2024 at 18:17:25 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. 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...."
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MESSAGE THREAD

today has exposed quite a few that claim to be guided - Fire Marshall Bill A - 3/4 17:55:31
     oh dear (nm) - pickle MU - 3/4 18:57:54
     the 14th Amendment wasn't written 240 years ago - Ace AU - 3/4 18:51:46
          156 is good enough - mu7176grad MU - 3/4 19:53:58
          you don't GAF about the constitution other than as a cudgel. - 90Tiger STL - 3/4 18:56:30
               You don't vote - Ace AU - 3/4 19:00:08
                    and? (nm) - 90Tiger STL - 3/4 20:01:16
          what's the remedy for a state incorrectly deciding or - blake1771 MU - 3/4 18:48:06
               check your premise (nm) - pickle MU - 3/4 19:08:22
               blake, do you not think the colorado supreme court has - 90Tiger STL - 3/4 18:51:41
                    I think they do, although you admit that they ruled - blake1771 MU - 3/4 19:24:25
     Bill, your position here is supporting the expansion - 90Tiger STL - 3/4 18:04:21
          I think you just made a really good point, I never - Fire Marshall Bill A - 3/4 18:08:26
               i’m an anarchist - pickle MU - 3/4 19:12:38
               No, Bill. pickle is an anarchist. He wants to get rid of - 90Tiger STL - 3/4 18:21:08
               Pickle is an anarchist - meatiger MU - 3/4 18:13:44
                    is he? today has shown he's more guided by a document - Fire Marshall Bill A - 3/4 18:14:59
                         no Bill, he's arguing about the constitution not because he - 90Tiger STL - 3/4 18:19:11
                         Hey, before you beclown yourself more. - CulturedDan MU - 3/4 18:18:44
                              LOL- that’s some hardcore nut riding right there - Fire Marshall Bill A - 3/4 18:39:22
                                   This response, Bill, is a miserable look for someone who - 90Tiger STL - 3/4 18:47:22
                                        reread his post - Fire Marshall Bill A - 3/4 18:51:23
                                             report it for uncivil behavior, clown(nm) - CulturedDan MU - 3/4 19:07:17
                                                  I did - Fire Marshall Bill A - 3/4 19:09:04
                                                       good recovery. - CulturedDan MU - 3/4 19:09:56
                                                            unfamiliar with that one - Fire Marshall Bill A - 3/4 19:11:20
                                             Wow. Coming from you. lol. (nm) - meatiger MU - 3/4 18:55:57
                                             i don't GAF about civility, that's your bag, bro. I'm takin - 90Tiger STL - 3/4 18:52:50
                                                  I'm not "mocking" anyone that has done the homework - Fire Marshall Bill A - 3/4 18:56:37
                                                       you're behaving like an ignorant child when shown to - 90Tiger STL - 3/4 20:02:27
                                   I assume you think having not read the constitution, let - 90Tiger STL - 3/4 18:45:34
                         RE: is he? today has shown he's more guided by a document - meatiger MU - 3/4 18:15:53
                              an anarchist that supports an institution removing - Fire Marshall Bill A - 3/4 18:34:49
                                   He doesn't support CO removing candidates from the - 90Tiger STL - 3/4 18:48:10
                                   He does not support that - meatiger MU - 3/4 18:44:56
          The decision was not an expansion of federal power. It - Spanky KU - 3/4 18:07:58
               yessir(nm) - Fire Marshall Bill A - 3/4 18:11:32
                    there, you got the validation from someone you so - 90Tiger STL - 3/4 18:20:37
                    The decsion was well reasoned - Spanky KU - 3/4 18:17:25
                         well-reasoned is no measure of right/wrong, spanky (nm) - 90Tiger STL - 3/4 18:23:16
                              Colorado was wrong. SCOTUS was right - Spanky KU - 3/4 18:48:19
                                   spanky, your definition of cogent is that with which you agr - 90Tiger STL - 3/4 18:53:33
                                        No one has even attempted an actual argument on why - Spanky KU - 3/4 18:58:53
                                             other than “the constitution gives the power of controlling - Fire Marshall Bill A - 3/4 19:21:32
                                                  more correctly the US constitution gives no power to - 90Tiger STL - 3/4 20:03:28
                                                       States do not have the power to create eligibility rules for - Spanky KU - 3/4 20:55:49
     So be damned with that old document?(nm) - meatiger MU - 3/4 17:57:38
          of course not - Fire Marshall Bill A - 3/4 18:04:49
               I have never called myself an anarchist - meatiger MU - 3/4 18:06:25




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