• NateNate60@lemmy.world
        link
        fedilink
        arrow-up
        4
        arrow-down
        9
        ·
        10 months ago

        My bad. I overestimated the ability of people on this website to infer subtext.

        The last section of Amendment 14 explains why the Supreme Court was more or less correct in its interpretation before you edited your original comment.

        • Varyk@sh.itjust.works
          link
          fedilink
          arrow-up
          2
          ·
          edit-2
          10 months ago

          This is why I added that context to my original comment.

          All I had to do was add the literal quotes from the constitution to render the supreme court obviously incorrect.

          • NateNate60@lemmy.world
            link
            fedilink
            arrow-up
            2
            ·
            10 months ago

            No.

            The Supreme Court ruled that the provisions you cited are not “self executing”. It needs to be enforced by an Act of Congress. You assumed that because it says that, therefore it works on its own without the need for anything else. That’s not how the law works in the US.

            The text of Amendment 14 §5 which are you so reluctant to post:

            The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

            Now tell me, is it not a reasonable interpretation of this clause that the terms of Amendment 14 may only be enforced by Congress and not anyone else.

            Don’t cite Amendment 10 here. It doesn’t apply. This power is explicitly delegated to Congress.

            • Varyk@sh.itjust.works
              link
              fedilink
              arrow-up
              2
              ·
              10 months ago

              So your contention is that the meanings of the phrase “congress shall have power to enforce” are:

              1. this constitutional amendment “may only be enforced by congress and not by anyone else” even though this is not stated in the Constitution.

              2. “needs to be enforced by congress”, even though this is not stated in the Constitution.

              3. “this power is explicitly delegated to Congress”, even though this is an implicit permission rather than an explicit designation?

              You’ll want to reference what is written and is not, in the Constitution, rather than your imagining of my assumptions.