“Juristocracy” describes a regime in which judicial actors decide questions that would have otherwise been resolved by more democratically accountable officials. The legal elites weighing in on Section 3 assume thatcan solve this question on our behalf. Even scholars who believe that Section 3 is self-executing — meaning that state and local officials are duty-bound to enforce it themselves — do not question whether judges should resolve the disqualification question.
The debate fails to question the wisdom of assigning the 2024 presidential election to an unaccountable Supreme Court. Similarly, legal elites frequently suggest that Section 3 is not self-enforcing or that it requires a traditional judicial process because any nonjudicial political process would wreak havoc at the state and local levels. This is a familiar strategy; lawyersThe preference for judges to decide, rather than any other elected officials, is rooted in an assumption that judges are not subject to the whims of bad-faith partisanship.
If, after the hearing, Congress determines that the local official made the wrong decision based on the evidence, it could use its independent judgment to override the local official’s determination, which the 14th Amendment permits. If Congress wants to substitute its judgment for that of other elected officials, it must do so by taking a position on the evidence so that it can be held accountable by its fellow legislators and their constituents.
If nothing else, Americans should ask ourselves what exactly federal judges — and specifically the justices of the Roberts court — bring to the table in vindicating the 14th Amendment. Although Trump most likely should not be on the ballot, the American people should not be so quick to hand that question to the courts.
Law Law Latest News, Law Law Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Source: Investingcom - 🏆 450. / 53 Read more »
Source: Reuters - 🏆 2. / 97 Read more »
Source: NBCNewsHealth - 🏆 707. / 51 Read more »
Source: dcexaminer - 🏆 6. / 94 Read more »
Source: Newsweek - 🏆 468. / 52 Read more »