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Opinions of the Court - 2023 (www.supremecourt.gov)

submitted 8 months ago* (last edited 8 months ago) by [email protected] to c/[email protected]

20 comments fedilink hide all child comments

This case raises the question whether the States, in addition to Congress, may also enforce Section 3. We conclude that States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency.

For the reasons given, responsibility for enforcing Section 3 against federal officeholders and candidates rests with Congress and not the States. The judgment of the Colorado Supreme Court therefore cannot stand.

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[–] [email protected] 1 points 8 months ago

That is how any law works though, isn't it? The Supreme Court can determine whether it's constitutional?