Not knowing US constitutional law, it seems to me the SCOTUS decision might mean that the Dems missed an opportunity when they had the house

That it’s a federal matter seems legally predictable/natural to me, and that it then falls to congress to enforce then also seems natural.

What am I missing on that?

Otherwise, what would the Dems have had to lose by passing an act when they had the house? The 14th was right there.

#uspol
@politics

  • Barney@mas.to
    2·
    8 months ago

    @maegul @politics

    Not at all. The rest of the 14th Amendment is all self-executing. E.g. if your right to due process has been violated, you can sue, without needing Congress to pass a law that specifically protects you. As the 4-justice SCOTUS minority said, it doesn’t make sense to require legislation for just this one section.

    Anyway, if the Dem-controlled House had passed a bill declaring Trump ineligible for office, Senate Republicans would have filibustered it. So it’s a moot point.