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Commentary By Ilya Shapiro

Unanimous Supreme Court in Colorado vs. Trump Tells Us This about Our Legal Elites

Governance Supreme Court

The Supreme Court won't always be there to save us, especially if the campaign to delegitimize it continues

In the end, the Supreme Court’s ruling on the issue of whether a state can kick Donald Trump off its presidential ballot for having engaged in insurrection, under Section 3 of the 14th Amendment, was anticlimactic. A legal theory that had won the hearts of law professors across the country – barely half a year from law review article to Supreme Court opinion is a record that won’t be beat – swayed the mind of exactly zero justices.

Because "the Constitution makes Congress, rather than the states, responsible for enforcing Section 3 against federal officeholders and candidates," state courts and state officials have no power to remove federal candidates from the ballot, the court unanimously held. Congress’s power under Section 5 of the 14th Amendment to pass "appropriate" legislation "is critical when it comes to Section 3." 

While the states retain sovereign power to determine the qualifications of their own state officeholders, they have no such power with regard to federal officeholders.

Continue reading the entire piece here at Fox News


Ilya Shapiro is a senior fellow and director of Constitutional Studies at the Manhattan Institute. Follow him on Twitter here.

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