SCOTUS chose to focus on the fifth clause of the 14th amendment, and their justification, their one big issue they chose to claim was that they did not want a hodgepodge of states choosing to enable Trump to be on the ballot and those which did not.
However, the 14th amendment does not discuss the election process or ballots. It only forb…
SCOTUS chose to focus on the fifth clause of the 14th amendment, and their justification, their one big issue they chose to claim was that they did not want a hodgepodge of states choosing to enable Trump to be on the ballot and those which did not.
However, the 14th amendment does not discuss the election process or ballots. It only forbids "hold any office, civil or military, under the United States" once they have violated their oath through insurrection or "aid or comfort to the enemies thereof.".
The Executive branch could choose to enforce this regarding a president, or others in the executive branch, just as congress could enforce it in their respective houses.
Biden will not do this. We have seen his choices. He COULD do it and simply dare SCOTUS to undo it. Harris would become president, not due to the election but because Biden can only serve two full terms. The constitution stands regardless of SCOTUS and SCOTUS Has no direct actual power over the executive branch and only wields the power of respect which they have cast aside.
SCOTUS chose to focus on the fifth clause of the 14th amendment, and their justification, their one big issue they chose to claim was that they did not want a hodgepodge of states choosing to enable Trump to be on the ballot and those which did not.
However, the 14th amendment does not discuss the election process or ballots. It only forbids "hold any office, civil or military, under the United States" once they have violated their oath through insurrection or "aid or comfort to the enemies thereof.".
The Executive branch could choose to enforce this regarding a president, or others in the executive branch, just as congress could enforce it in their respective houses.
Biden will not do this. We have seen his choices. He COULD do it and simply dare SCOTUS to undo it. Harris would become president, not due to the election but because Biden can only serve two full terms. The constitution stands regardless of SCOTUS and SCOTUS Has no direct actual power over the executive branch and only wields the power of respect which they have cast aside.