Shadowy Man
Contributor
What case was that? What were the facts of the case? Details matter.Judge (now Justice) Gorsuch himself said: "a state's legitimate interest in protecting the integrity and practical functioning of the political process permits it to exclude from the ballot candidates who are constitutionally prohibited from assuming office."
If you read the opinion you can trace the citation.
It is one thing to exclude a clearly unqualified candidate - a 25 year old, say, or a naturalized citizen like Cenk the Middle Aged Turk.
It is quite different matter when states take it upon themselves to, in effect, interpret COTUS as they see fit without prior precedent set by SCOTUS.
And let's say a secretary of state makes the wrong decision and excludes somebody who is 36 years old, either through malice or incompetence. Should federal government, including SCOTUS, be powerless in reversing such decisions because "it is the states who run elections"?
I agree that the SCOTUS will have to step in. But that fact doesn’t mean that what the Maine Secretary did was wrong. Higher courts may come to a different legal opinion when they review the appeal that’s how our system works.
What she quotes is not necessarily the reason she really made the decision. This is an issue of the interpretation of the COTUS, which is several paygrades above Maine SecState's.Maine's Secretary of State directly quotes this as support of her decision. She also points out that Maine law obligates her to determine the qualifications of petitioning candidates.
Not according to Maine law. The feds could make a law to supersede that but have they?
Sure. But federal government is very much involved, and it can override the states. There is the federal Voting Rights Act. SCOTUS decides on things like electoral maps. So why should not SCOTUS decide who is eligible under the 14th Amendment of the US Constitution? If matters of interpretation of the US Constitution are not their bailiwick, what would be?Elections are not done Federally, they are handled by the States.
I think SCOTUS should and extremely will step in. I don’t disagree with you.
14th Amendment explicitly states that the power of enforcement is given to the US Congress.Derec's comment that neither state courts nor secretaries of states have the power to enforce the Constitutional qualification provisions appears to be wrong. It is reasonably clear from the laws and historical precedents that States govern these.
Why not?Maine SecState said:I recognize that Section Five of the Fourteenth Amendment provides that "[t]he Congress shall have the power to enforce, by appropriate legislation, the provisions of this article." ... But that does not mean that action pursuant to Section Five is a prerequisite to the substantive provisions of the Fourteenth Amendment having any legal force.
You can take that up with her.
It likely covers a lot of the issues that the SC will address so a bit of a preview.Why bother, when the almost certainly upcoming SCOTUS decision is the one that really matters.It's a good read; I recommend all to read it.