Face it. I know more about this Supreme Court stuff than any progressive Swampcultist on SS
By HatetheSwamp January 6, 2024 7:16 am Category: Opinion (0.0 from 0 votes)
Rules of the Post
I don't know much. But, I know some stuff.
My degree is in American religious history. If I had been able to find a faulty advisor to work with me on it my dissertation title would have been something like:
National Council of Churches Amicus Briefs in Supreme Court Establishment Clause Cases, 1950-1990.
I did course work that prepared me to do that research and the project was doable.
The interesting thing is, and I've mentioned this several times over my 20-ish years on SS, there's a tension between the 10th and 14th Amendments. The Tenth gives authority to the states however the Fourteenth seems to do the opposite. Section 1 says, in part:
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." [See second link]
It works out with the Religion Clauses thusly:
"Not until the 20th century did the U.S. Supreme Court apply most of the Bill of Rights to the states. The Supreme Court has ruled that the 14th Amendment (ratified in 1868) requires states to guarantee fundamental rights such as the First Amendment's prohibition against the establishment of religion. This means that states, like the federal government, can "make no law respecting an establishment of religion." [See first link]
So, how can can nine people in black robes tell a kindergarten teacher in Peoria not to lead the kiddies in prayer? The Fourteenth Amendment is the bludgeon they use.
It's a Big Brother thing.
Bottom line: Liberal Supreme Court decisions since WWII have used the Fourteenth Amendment as a pretext to foist every liberal policy that could not be passed legislatively.
LGBTQers in Alabama can marry, despite the popular will because of the Fourteenth Amendment. The state of Mississippi is forced to provide health insurance under OCare because of the Fourteenth Amendment.
So, based on one way of looking at the Trump ballot brouhaha, no state bureaucrat in Maine no stare Court in Colorado can keep Trump off the ballot...
...in the same way that no state legislature could have outlawed abortion until Roe v. Wade was overturned.
Thank the lord for the Fourteenth Amendment, eh?
HOWEVER, a point I've made numerous times since the Dobbs decision...which po and isle have always pretended not to read...
...is that this Court has rediscovered the Tenth Amendment.
That West Virginia EPA decision which progressive hated on environmentalist wacko ideological grounds defeated the Federal Agency's regulations, in part, because, under the Tenth Amendment, foisting doesn't fly under this Court.
So, with the Tenth Amendment being where this Court finds it authority, can states, on their own authority, choose to keep Trump's name of their ballot in the General Election?
*****
Okay, gang, so far, everything in this post in history. It's fact. It's not debatable, whether you like it or not.
What will the Supreme Court do about blue state lawfare?
pb's opinion?
Maine, imo, has a better chance of keeping Trump off of the ballot...IF...the Maine Supreme Court upholds Shenna Bellows. IF she acted properly under authority she possesses that is granted by the state legislature, she has a chance.
Based on the decisions of this Court, pushing the Tenth Amendment as far as possible, pb can't see the Colorado Supreme Court getting away with keeping Trump off the ballot.
Having said that, either way, keeping Trump off the ballot...under this Supreme Court...has no chance.
The crowd arguing that they have the authority under Section 3 have two insurmountable problems.
Section 1, quoted earlier. It subordinates state authority to federal authority.
Section 5, “The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.”
This Supreme Court loves the legislative branch and, interestingly, the Federal Legislative Branch.
The Fourteenth Amendment is required create "appropriate legislation" in order for the Amendment to be enforceable.
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