Can the Constitution be self-executing? If not, who decides? (CS Monitor)


    Can the Constitution be self-executing? If not, who decides? – By Henry Gass (CS Monitor) / Jan 18, 2024

    For the first time in American history, the U.S. Supreme Court will hear a case next month determining if the Constitution disqualifies a presidential contender from the ballot.

    The candidate in question is former President Donald Trump. The clause in question is Section 3 of the 14th Amendment, a post-Civil War enactment that bars anyone who “engaged in insurrection” from holding public office. In a 4-3 decision last month, the Colorado Supreme Court ruled that because of his actions on and around Jan. 6, 2021, Mr. Trump cannot appear on the state’s presidential primary ballot.

    The case, Trump v. Anderson, poses one straightforward question: Did the Colorado Supreme Court err with its ruling? But beneath that question lies a thicket of complex and unprecedented questions. When the justices hear oral arguments Feb. 8, they will be asked to weigh in on these challenging questions. The decision they make will be among the most important they have ever made.



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