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this post was submitted on 04 Mar 2024
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Yep and they just handwaive it. They assert the other sections are held against the states so this must be too. They also assert that only Congress has enforcement power for it despite nothing in the amendment saying so. It says "Congress shall have power...", not sole power, not the power. There is no exclusionary language to preclude a state's normal constitutional right to run it's elections. Instead this adds Congress to the list of bodies that can enforce this.
The remedy for a state running an improper election is also not the supreme court. It is Congress, as laid out in the Constitution they supposedly are experts at enforcing. And yet they keep giving themselves major powers not in Constitution.
You have the most interesting take that I’ve read: Congress shall also have a way to enforce this and not just the States. I kind of wish you had argued that in front of SCOTUS.
Sometimes I wonder if our constitutional interpretation is so twisted because we've been going at for so many years. But getting a new one is going to require decades of catch up work by the Democrats. Republicans have been practicing for a Constitutional Convention and actively seek one.