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Amarica's Constitution

Happy Anniversary Mr. Lincoln from the Court

Mar 6, 2024
The podcast discusses a rushed Supreme Court ruling on Trump v. Anderson with unanimous errors. Critiques on lack of quality, notorious cases cited, and a flawed opinion dissected. Examining the 14th Amendment's enforcement and state/federal power dynamics. Debates on state autonomy, statutes in Colorado, and challenges of removing officeholders. Analysis of constitutional problems, lack of engagement with key points, and disqualification post-14th Amendment. Courthouse discussions on unity despite discord among justices.
01:33:09

Podcast summary created with Snipd AI

Quick takeaways

  • States lack authority to enforce Section 3 of the 14th Amendment against federal candidates, as Constitution doesn't delegate such power.
  • Court challenges state preemption of disqualifying federal candidates, arguing for Congress' post-election removal powers.

Deep dives

The Court's Argument on Delegated Power to States

The court argues that states lack the authority to enforce section 3 of the 14th Amendment against federal office holders or candidates as the Constitution does not affirmatively delegate such power. They contend that the text of the amendment only empowers Congress to remove disabilities by two-thirds vote, not the states. The court maintains that granting states such authority would undermine the rebalancing of federal and state power intended by the 14th Amendment, relying on an originalist interpretation of text, history, and structure.

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