Justices are expected to decide at least one case. Signs strongly point to resolution of the case from Colorado that threatens to kick him off some state ballots.
It does not clearly say only Congress has the power to disqualify. It does clearly state that Congress can remove a disqualification of this type with a 2/3 vote.
The court here has ruled that because of that Congress must act in order to disqualify someone in the first place. Which makes sense to me, I suppose. It’s certainly better than the alternative argument that the presidency is not an officer of the United States. The court seems mostly concerned with the balance of power between the states and federal government in the ruling.
But most importantly, it’s making it clear that this is not self-executing or self-evident in the same way the constitutional qualifications for the office are (eg age).
It’s also worth noting that the Court here is saying states cannot impede the ability of the federal government to exist and function (pages 8-10). Consider that if a state were empowered to disqualify federal officers, then it could interfere with the ability of Congress to do its job on a fundamental level either by a) forcing Congress to remove the disqualification before state-run primaries and elections even began, or b) controlling the outcome of a federal election by tilting the Electoral College in their favor. McCulloch v. Maryland made clear that “States have no power…to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress”.
Imagine what Greg Abbott would do if we gave Texas the ability to dictate the outcome of federal elections. It would be absolute chaos.
It does not clearly say only Congress has the power to disqualify. It does clearly state that Congress can remove a disqualification of this type with a 2/3 vote.
The court here has ruled that because of that Congress must act in order to disqualify someone in the first place. Which makes sense to me, I suppose. It’s certainly better than the alternative argument that the presidency is not an officer of the United States. The court seems mostly concerned with the balance of power between the states and federal government in the ruling.
But most importantly, it’s making it clear that this is not self-executing or self-evident in the same way the constitutional qualifications for the office are (eg age).
It’s also worth noting that the Court here is saying states cannot impede the ability of the federal government to exist and function (pages 8-10). Consider that if a state were empowered to disqualify federal officers, then it could interfere with the ability of Congress to do its job on a fundamental level either by a) forcing Congress to remove the disqualification before state-run primaries and elections even began, or b) controlling the outcome of a federal election by tilting the Electoral College in their favor. McCulloch v. Maryland made clear that “States have no power…to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress”.
Imagine what Greg Abbott would do if we gave Texas the ability to dictate the outcome of federal elections. It would be absolute chaos.