Poll: Who has enforcement authority of the 14th Amendment to the US Constitution?

Who does the 14th specify as having the authority to enforce the 14th?

  • Congress

    Votes: 27 93.1%
  • The Maine SOS

    Votes: 0 0.0%
  • A civil court judge in Colorado.

    Votes: 2 6.9%

  • Total voters
    29
The clause on office ineligibility is not only minor, but itself allows infinite exceptions.
Blocking anyone from office likely was not even really legal for them to add to the Amendment.
Apparently you missed the lesson in civics. That if you don't like something about the constitution, you can remove it, or add it by amending the constitution.
No amendment to the constitution can be "illegal" because it becomes the supreme law of the land.
 
YES, clearly the age qualifications come from Congress, and NOT the states.
When states leave those too young off the ballot, they are not making the disqualification, but Congress is. The states are just doing what Congress said for them to do.
But Congress did not ever suggest someone should be stricken from office over a protected, non-violent, political protest.
You got part one correct. Congress sets the rules, and the states have to carry them out.
Since it's the states that run elections. (10th Amendment)
And congress didn't suggest, they mandated in the 14th that insurrectionists be stricken from political office, both elected and appointed.

Note: Insurrections who took a prior oath.
 
Ever heard of the prohibition on ex post facto laws? Secession wasn't declared illegal by SCOTUS till the war was over and Lincoln gave amnesty to all the confederates.

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And ex-post facto laws deal with making something illegal (putting someone in jeopardy of life, or liberty) retroactively. Keeping someone from a federal or state office, is not a deprivation of liberty. It's just a job.

For a USSC citation on this, you can reference the sexual offender registry. A requirement the court said did not violate the ex-post facto prohibition, even though it was applied to people convicted years or even decades before, and added another condition to their conviction.
 
The qualifications for "federal office" come from the Constitution, not congress

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Yet the states could and did add additional qualifications on who could vote in a federal election. Remember Jim Crow. That required additional constitutional constitutional amendment to make Jim Crow laws illegal.
 
And ex-post facto laws deal with making something illegal (putting someone in jeopardy of life, or liberty) retroactively. Keeping someone from a federal or state office, is not a deprivation of liberty. It's just a job.

For a USSC citation on this, you can reference the sexual offender registry. A requirement the court said did not violate the ex-post facto prohibition, even though it was applied to people convicted years or even decades before, and added another condition to their conviction.


Yeah, the key word being conviction, which never happened with confederates and even the 14th was ratified well after the end of the war. Any law that prevented them from the full enjoyment of citizenship outlined in the remainder of the 14th would be ex post facto. BTW, exactly how would you define liberty?

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Yet the states could and did add additional qualifications on who could vote in a federal election. Remember Jim Crow. That required additional constitutional constitutional amendment to make Jim Crow laws illegal.


LMAO, Jim Crow was about who could vote in any election.

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Yeah, the key word being conviction, which never happened with confederates and even the 14th was ratified well after the end of the war. Any law that prevented them from the full enjoyment of citizenship outlined in the remainder of the 14th would be ex post facto. BTW, exactly how would you define liberty?

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As I said, ex-post facto applies to life liberty or property, not employment. Or any other conditions, like being on the registered sex offender list which BTW puts limitations upon the persons liberty. And that was upheld by the USSC. So the same goes for limitations imposed by the 14th amendment.
 
LMAO, Jim Crow was about who could vote in any election.

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Which the states were in charge of. As they were in charge of all things concerning elections carried out in their state. They have to adhere to the constitution and federal law (supremacy clause), but otherwise can add additional requirements for access to the ballot. Such as the constitution doesn't mention a petition signed by a number of registered voters to gain access to the ballot. But the states under their power to carry out elections can put such requirements in place.
 
As I said, ex-post facto applies to life liberty or property, not employment. Or any other conditions, like being on the registered sex offender list which BTW puts limitations upon the persons liberty. And that was upheld by the USSC. So the same goes for limitations imposed by the 14th amendment.


Full enjoyment of citizenship is part of liberty, like being able to represent your fellow citizens in government.

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Which the states were in charge of. As they were in charge of all things concerning elections carried out in their state. They have to adhere to the constitution and federal law (supremacy clause), but otherwise can add additional requirements for access to the ballot. Such as the constitution doesn't mention a petition signed by a number of registered voters to gain access to the ballot. But the states under their power to carry out elections can put such requirements in place.


They can, but they also have to prove that it's reasonable and nondiscriminatory.

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Full enjoyment of citizenship is part of liberty, like being able to represent your fellow citizens in government.

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And you realize the constitution along with federal laws places limits on being able to represent your fellow citizens in government.
They place age limits, citizenship limits, time in country limits, other offices you can simultaneously serve in. Lots of limits on who can do so, including under the 14th section 3. So it's a club with lots of members.
 
And you realize the constitution along with federal laws places limits on being able to represent your fellow citizens in government.
They place age limits, citizenship limits, time in country limits, other offices you can simultaneously serve in. Lots of limits on who can do so, including under the 14th section 3. So it's a club with lots of members.


And?

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Let's go back to the question you ran away from yesterday.
Miley Cyrus 31 years old applies to be put on the presidential ballot 2024.
Does it take Justice Roberts to tell her no, or can somebody else make that call?
 
Let's go back to the question you ran away from yesterday.
Miley Cyrus 31 years old applies to be put on the presidential ballot 2024.
Does it take Justice Roberts to tell her no, or can somebody else make that call?


Well I guess you missed the edit, The way the way the question was posed she could legally be placed on the ballot. Any more questions.

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Who has been charged with insurrection ?
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The 14th amendment doesn't specify that criminal charges or conviction are required. Many former confederates were banned from public office without criminal charges.

That’s not necessarily true. Jefferson Davis was going to go on trial for treason, and there were 37 other indictments that were dropped at the time Davis was deemed not to go to trial.

All other non indicted civil war conspirators were pardoned…..pardoned from what? If there were never going to be any charges, then pardons wouldn’t be necessary.


So, if no charge is necessary, then what are you going to use to remove him from the ballot?
 

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