• Telorand@reddthat.com
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    8 months ago

    Yep. I read section 5 for myself. It’s a twisted way to read it that Congress is supposed to be the executor of the “shall” language in section 3, specifically through legislation. It just says Congress shall have the power to legislate the 14th Amendment. It does not say Congress shall legislate 14th amendment issues.

    But that’s kind of been their MO the whole time. “I don’t wanna rule, so I’ma hide behind Congress and say it’s their job.”

    • ryathal@sh.itjust.works
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      8 months ago

      It seems pretty straightforward to argue congress needs to create a mechanism to label someone as having engaged in insurrection. All judges agreed a single state making that determination using their own rules isn’t sufficient.

      • Telorand@reddthat.com
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        8 months ago

        I stand by what I said. They’re hiding behind Congress instead of making a decision. They didn’t seem to have a problem dusting off precedent from 150 years ago to make sweeping changes to how the country operates, before.

        But now, when it comes to actually defending the self-executing portions of the Constitution, it’s suddenly too hard, and it’s Congress’s job. Bunch of fucking cowards.