We witnessed in 2021 the attempted theft of an election and the disenfranchisement of the American voter, and now a 34 page decision by Maine Secretary of State Shenna Bellows protects Mainers from insurrectionist Trump.
Intersection of Unenumerated and Self-Executing Rights:
- Potential: Unenumerated rights can be considered self-executing if they meet certain criteria, such as:
- Clear and well-established nature
- Not requiring further definition or implementation
- Directly enforceable by courts
Determination Factors:
- Judicial Interpretation: Courts play a crucial role in determining whether unenumerated rights are self-executing. They examine factors like historical understanding, societal values, and legal precedent.
- Specific Right and Context: The nature of the specific right and the context in which it's asserted also influence the determination.
Examples:
- Some unenumerated rights recognized as self-executing in the U.S.: Right to privacy, right to travel, right to parent one's children.
Bard.google.com
Section Three covers a broad range of conduct against the authority of the constitutional order, including many instances of indirect participation or support as “aid or comfort.” It covers a broad range of former offices, including the Presidency. And in particular, it disqualifies former President Donald Trump, and potentially many others, because of their participation in the attempted overthrow of the 2020 presidential election.
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Section Three remains legally operative as part of the U.S. Constitution. Its rule of disqualification is general, not limited to the Civil War era. It states a rule of law embodied in the written constitutional text as permanent fundamental law. It possesses prospective force and applies to new situations: wherever the rule applies, the rule applies. And while Congress comprehensively relieved insurrectionists of the disability of disqualifications incurred prior to 1898, it did not (and could not) erase Section Three from the Constitution. Section Three remains in force.
The Sweep and Force of Section Three 172 U. PA. L. REV. (forthcoming 2024) William Baude & Michael Stokes Paulsen
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