If they wanted the states to have the power, they would have mentioned the states.

  • PizzaMan
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    9 months ago

    Legal precedent says otherwise

    https://www.citizensforethics.org/wp-content/uploads/2023/07/Chart-of-Past-14.3-Disqualifications-rev.-07.10.23.pdf

    And “shall have” and “Is the only government entity that shall have” are two different things. And other legal precedent, such as with the establishment clause has previously been ruled such that “congress” ends up basically equating to the government as a whole.

    The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

  • NeuromancerM
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    9 months ago

    That’s been the debate on both items. I’ve seen article talk about each.

    Hopefully scotus will clarify. To me it reads the president would be included but only Congress can invoke it.

  • ThrowawayOPM
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    9 months ago

    Also section three lists out a lot of positions, but fails to mention the presidency itself. Odd oversight, don’t y’all think?

    • tsonfeir
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      9 months ago

      or hold any office, civil or military, under the United States, or under any State

      It’s pretty clear if you read it.

    • voracitude@lemmy.world
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      9 months ago

      It doesn’t list that many. Did you know this exact question came up at the time the Amendment was being drafted? https://crsreports.congress.gov/product/pdf/lsb/lsb10569

      Specifically:

      One scholar notes that the drafting history of Section 3 of the Fourteenth Amendment suggests that the office of the President is covered:

      During the debate on Section Three, one Senator asked why ex-Confederates “may be elected President or Vice President of the United States, and why did you all omit to exclude them? I do not understand them to be excluded from the privilege of holding the two highest offices in the gift of the nation.” Another Senator replied that the lack of specific language on the Presidency and Vice- Presidency was irrelevant: “Let me call the Senator’s attention to the words ‘or hold any office, civil or military, under the United States.’”

      I’ll highlight that last bit again:

      Another Senator replied that the lack of specific language on the Presidency and Vice- Presidency was irrelevant: “Let me call the Senator’s attention to the words ‘or hold any office, civil or military, under the United States.’”

      That is from this paper: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3748639

      There you go. You can stop being a traitor now, please and thanks.