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this post was submitted on 04 Mar 2024
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I can see the argument from a certain perspective of the language, outside of context.
But remember when this amendment was passed. Right after the Civil War.
So, they wanted an amendment to bar traitors from federal office. Then they put in a section saying Congress has to actually make laws enforcing that rule, or it does nothing. And then, they didn't make any such laws?!
So, what, they went through all the work to make a constitutional amendment, and then it does nothing?
No, they clearly felt that the rule was clear enough as it was, and section 5 is there to allow Congress to make supporting laws built upon that to help enforce that rule. But that rule should have teeth on its own.
The rule has been used before.
The craven corruption of the Roberts court is on full display here.
They actually did make such a law. But then there was an amnesty for many under President Grant and an expansion of the amnesty at the onset of the Spanish-American War. And then that law was largely repealed in 1948. And then in the 1970s Congress posthumously removed the disqualification from Robert E Lee and Jefferson Davis for some reason.
Edit: Oh and they still have one, 18 U.S.C. § 2383 - Rebellion or insurrection. Trump hasn't been charged with it though.
Racism is the reason.