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Absolutely, it's insane that congress passed an ammendment that said a thing and now the Supreme Court is saying "no, it doesn't say that thing, if you wanted that to apply you'd need to pass a congressional act on a case by case basis."
Imagine if everytime someone committed tax fraud congress had to officially vote to investigate that specific person. Imagine if a country like America was unable to delegate any powers.
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It’s because they don’t actually care what the constitution or the bill of rights or any of the amendments says. The Tribunal of Six only cares about ensuring their political compatriots - that is, the GOP - can cement their power for good. And if that means that we sink into fascism… they don’t care. Because they’ll be calling the shots.
Literalism is just a tool for the corrupt Supremes to wield as a convenience.
SCOTUS is clearly making unconditional rulings. The states should go nuclear and ignore them. Let SCOTUS enforce its decisions.
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This is how you get a civil war
Do you see this mess stabilizing without one? I want Republicans to have access to medical care, an equitable economy, and education, god knows they need it.
They openly prefer people like me were dead. There's no negotiating with that.
I look at it like this:Two sides. One side is completely full of shit and they know it. They also know the other side knows. However, both sides have agreed to keep up the pretense of everything being okay, for whatever reason. I like to call it the "Slow Break-up".
It's like when your romantic partner stops showing up for date nights, then they get home late, then they start sleeping on the couch. And eventually you get around to asking, "Is something wrong?" And they're all like, "No, everything is fine, work's just been riding me so hard lately, and now I get home so late that I don't want to wake you up." Then one day they're packing their shit to leave, and they look at you and go, "Look, we both saw this coming."
It's always "not happening" until it's already happened. The moment is skipped over where they could acknowledge they misled you, try to make amends, maybe do something about the problem.
But, my overall point is this. A civil war would be like a fight between spouses. Like, a big serious fight. Where there is the possibility that someone's going to yell "I want a divorce!". So the divorce happens, but both parties move on, and try to heal. I am on the side that wants to have the fight, move on, and heal.
Let's be honest. Either way here could easily end in a civil war. The temperature in the pot has been raising for 40 years. The earlier we lance this boil, the better off we'll be though. Kicking the can down the road allows extremist ideologies to spread more and more. Which does nothing but guarantee more suffering.
Where are all the states’ rights people now?
Too busy working to overthrow the government and implement a fascist dictatorship...
You know, in a sane universe, the President could legitimately actually declare a national emergency over the ongoing efforts to overturn representative democracy in the open, but we live in this one.
If we lived in a sane universe, the foreign-funded propaganda that Trump and his grift relies upon for energy, cash, and followers would have been turned off fifteen years ago back when Fox "News" openly misrepresented material facts regarding the Obama administration, or when they got sued the first time for not being actual news.
The much vaunted checks and balances mean nothing when the SC is corrupt
Defund the Supreme Court.
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It’s not inconsistent with the court’s inconsistency though.
Scalia was a legal juggernaut on the bench and off it, as unfortunate his politics may be, he had a very large influence on the legal arena surrounding Constitutional law. He argued (correctly) for separated powers and the legislature doing the legislation on big and controversial topics instead of the court(s) - openly pointing out SCotUS’s composition as an unelected, politically appointed technocracy.
What changed and grew was the inconsistency of the conservative members at respecting that separation of powers whilst also not shying from their role as final legal arbiter. Trump v Anderson was correctly decided that states cannot deny candidates federal ballot access without due process, but they completely neglected to affirm or deny the lower courts ruling of what counts as attempted insurrection, kicking that to Congress.
This is political cowardice, not good and proper separated powers keeping each other in check. A legal case is the correct route to determine facts surrounding a candidates eligibility - not a political disqualification process without precedent nor established rules regarding evidentiary eligibility, rights of the accused, composition of the adjudicators, etc. any attempt to disqualify via US Congress will spurn a host of new legal challenges based on procedural questions
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Cool can we ignore the second amendment next?
God, I hate this timeline. Why couldn't we get the cool dystopian one.
Don't worry, let this one cook for a while and it'll turn into the cool dystopian one.
I was really hoping for zombies, instead we get fascism and climate apocalypse.
No mention of the Court's reasoning that it should not be enforced at the State level, but instead at the Federal level?
I propose we go out in mass this weekend and let them know we are pissed.
What's next? No more basic human rights? Maybe make it ok to own slaves if the owner really really wants to?
This is the best summary I could come up with:
Under the U.S. Supreme Court’s ruling that reversed the Colorado Supreme Court’s decision striking Donald Trump from the state’s primary ballot, even insurrectionists who’ve violated their previous oath of office can hold federal office, unless and until Congress passes specific legislation to enforce Section 3.
In the aftermath of the oral argument last month, legal observers knew with near-certainty that the Supreme Court was unlikely to apply Section 3 to Trump.
But instead of any of these options, the court went with arguably the broadest reasoning available: that Section 3 isn’t self-executing, and thus has no force or effect in the absence of congressional action.
We can bar individuals from holding office who are under the age limit or who don’t meet the relevant citizenship requirement without congressional enforcement legislation.
In one important respect, the court’s ruling on Monday is worse and more consequential than the Senate’s decision to acquit Trump after his Jan. 6 impeachment trial in 2021.
It would be clearly preferable if Congress were to pass enforcement legislation that established explicit procedures for resolving disputes under Section 3, including setting the burden of proof and creating timetables and deadlines for filing challenges and hearing appeals.
The original article contains 948 words, the summary contains 198 words. Saved 79%. I'm a bot and I'm open source!
It was a unanimous decision and the precedent they set was that states don't have the right to declare who is and who is not a traitor, only the federal government can decide that. I don't like Trump, but the precedent needed to be set and I agree with the supreme court on this one. You can still try to prove he is a traitor in federal court, and then he would be knocked off the ballot in all states.
Also, i thought states were given the right to determine their own ballot rules.
Or is that mute because this is a federal election?