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Three examples?
Posted on: March 5, 2024 at 13:48:56 CT
DC Jayhawk KU
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All examples.
They wrote:
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Although the Fourteenth Amendment restricts state power, nothing in it plainly withdraws from the States this traditional authority. And after ratification of the Fourteenth Amendment, States used this authority to disqualify state officers in accordance with state statutes. See, e.g., Worthy v. Barrett,63 N. C. 199, 200, 204 (1869) (elected county sheriff ); State ex rel. Sandlin v.Watkins, 21 La. Ann. 631, 631–633 (1869)(state judge).
Such 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.”
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This means that restrictions that states apply to federal candidates must have been authorized by Congress first. It's not that Colorado can't exclude Trump for insurrection, it's now the Colorado can't exclude him for ANY reason if Congress hasn't expressly listed it as a possible disqualifier.
That seems like that might cover more than three examples.
Edited by DC Jayhawk at 13:50:40 on 03/05/24
They wrote:
---
Although the Fourteenth Amendment restricts state power, nothing in it plainly withdraws from the States this traditional authority. And after ratification of the Fourteenth Amendment, States used this authority to disqualify state officers in accordance with state statutes. See, e.g., Worthy v. Barrett,63 N. C. 199, 200, 204 (1869) (elected county sheriff ); State ex rel. Sandlin v.Watkins, 21 La. Ann. 631, 631–633 (1869)(state judge).
Such 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.”
-----
This means that restrictions that states apply to federal candidates must have been authorized by Congress first. It's not that Colorado can't exclude Trump for insurrection, it's now the Colorado can't exclude him for ANY reason if Congress hasn't expressly listed it as a possible disqualifier.
That seems like that might cover more than three examples.
Edited by DC Jayhawk at 13:50:40 on 03/05/24
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Three examples? - DC Jayhawk KU - 3/5 13:48:56