I feel that the liberals' concurrent opinion is the right one.I read it as a message to states to quit removing candidates for federal office from their ballots as that is a Congressional responsibility under Section 3.
Although only an individual State’s action is at issue here, the majority opines on which federal actors can enforce Section 3, and how they must do so. The majority announces that a disqualification for insurrection can occur only when Congress enacts a particular kind of legislation pursuant to Section 5 of the Fourteenth Amendment. In doing so, the majority shuts the door on other potential means of federal enforcement. We cannot join an opinion that decides momentous and difficult issues unnecessarily, and we therefore concur only in the judgment.
I'm not sure how the court (specifically a conservative majority court) can grant an authority to congress (to disqualify a candidate), which is not explicitly granted within the constitution.... unless, by doing so they're open to a more interpretational view of the remainder of the constitution which they continually say that they aren't. All that being said, the federal government should still be the mechanism for enforcing the protection of federal elections.
Of note, the Democrats did side with the Republican majority on this item of federal authority therefore it's not really a shift to their traditional constitutional policy position of promoting federalism but it is a wish-wash from the conservatives who pick and choose when they think federalism vs. the 10th amendment is appropriate only when it suits their desires. (Abortion, Education, Immigration, etc...)
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