The American Democracy Minute Radio Report & Podcast for March 5, 2024
Today’s Script
(Variations occur with audio due to editing for time. Today’s Links below the script)
You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.
In a unanimous decision March 4th, the U.S. Supreme Court reversed the decision of the Colorado Supreme Court to remove Donald Trump from the Colorado State ballot, ending state efforts to enforce the 14th Amendment’s Section 3.
The court punted to Congress to enforce the 14th Amendment, saying QUOTE “The Constitution empowers Congress to prescribe how those determinations should be made. The relevant provision is Section 5, which enables Congress, subject of course to judicial review, to pass ‘appropriate legislation’ to ‘enforce’ the Fourteenth Amendment.”
The court majority also noted that the states did in fact use the 14th Amendment to disqualify state candidates, but that QUOTE “Such power over governance, however, does not extend to federal officeholders and candidates.”
Both the decision and a concurrence by Justices Sotomayor, Kagan and Jackson, expressed concern that if the states had the power, it would result in a “patchwork” of decisions which could affect the outcome of the election. But the concurrence raised alarms that the conservative majority overreached. QUOTE: “Although we agree that Colorado cannot enforce Section 3, we protest the majority’s effort to use this case to define the limits of federal enforcement of that provision.”
It’s unlikely Congress would agree on ANY legislation to disqualify former President Donald J. Trump.
We have a link to the decision at AmericanDemocracyMinute.org I’m Brian Beihl.
Today’s Links
Articles & Resources:
U.S. Congress – Fourteenth Amendment Section 3
Colorado Supreme Court – Decision in Anderson v. Griswold
U.S. Supreme Court – Decision in DONALD J. TRUMP, PETITIONER v. NORMA ANDERSON, ET AL.
WHYY/Associated Press – Supreme Court restores Trump to ballot, rejecting state attempts to ban him over insurrection
Groups Taking Action:
Citizens for Responsibility and Ethics in Washington, Protect Democracy
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