It should be a more fundamental question than that. The first issue with regard to any statutory authority regarding Section 3 must address whether the section itself is self executing.
Trump’s lawyer made sure to argue that. But the text is clearly self executing. Congress can act like a pardon board to restore eligibility. It does not get powers to determine it in the first place. The intention was clearly that would be candidates with a bar would go hat in hand to Congress before campaigning.
In fact this just reminded me that any SCOTUS decision on this is another massive electoral over reach. They are again usurping Congress’ power. Trump should be having friendly politicians advance a bill there to get the bar removed.
It should be a more fundamental question than that. The first issue with regard to any statutory authority regarding Section 3 must address whether the section itself is self executing.
No mention of that being discussed in the summaries I’ve seen.
They’ll touch on it in the decision, I’m sure.
Trump’s lawyer made sure to argue that. But the text is clearly self executing. Congress can act like a pardon board to restore eligibility. It does not get powers to determine it in the first place. The intention was clearly that would be candidates with a bar would go hat in hand to Congress before campaigning.
In fact this just reminded me that any SCOTUS decision on this is another massive electoral over reach. They are again usurping Congress’ power. Trump should be having friendly politicians advance a bill there to get the bar removed.