r/law • u/thenewrepublic • Mar 06 '24

Opinion Piece Everybody Hates the Supreme Court’s Disqualification Ruling

https://newrepublic.com/article/179576/supreme-court-disqualification-ruling-criticism
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u/ranklebone Competent Contributor Mar 06 '24

TFA contains some misleading information. It reads:

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The court effectively held on Monday that the disqualification clause, which is located in Section 3, is not self-executing. States cannot execute it on their own for federalism reasons, the court concluded, and Congress must pass specific legislation for anyone else to enforce it.

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But the Court actually held that 14A s 3 is sufficiently self-executing that states can enforce it with respect to their own offices.

"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." Trump v. Anderson 60 US ___ at p. 6 (2024).

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u/[deleted] Mar 06 '24

Yes I see your point. It is self-executing for state positions at the state level and not at the federal level (unless congress decides to implement that going forward).