First, there need to be distinctions between state and federal offices. Within federal offices, before Monday, I think many of us would have argued that they could have done so as to those oath-takers who had engaged in insurrection — as an implementation of Section 3. The broader restriction likely would run afoul of U.S. Term Limits, I…
First, there need to be distinctions between state and federal offices. Within federal offices, before Monday, I think many of us would have argued that they could have done so as to those oath-takers who had engaged in insurrection — as an implementation of Section 3. The broader restriction likely would run afoul of U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995) as related to this discussion — aside from whether such a restriction would also violate other rights.
First, there need to be distinctions between state and federal offices. Within federal offices, before Monday, I think many of us would have argued that they could have done so as to those oath-takers who had engaged in insurrection — as an implementation of Section 3. The broader restriction likely would run afoul of U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995) as related to this discussion — aside from whether such a restriction would also violate other rights.