I know I covered this in a previous stack but the utter nonsense and illegal /unconstitutional acts are dividing an already divided country even more.
So now an appointed Secretary of State in Maine and other government entities are considering the same action. ( Maine’s legislature appoints the SOS the people do not vote for the SOS in Maine) How does she think she has this power to determine who the people of Maine can vote for? Is she some supreme being? She most certainly has said as much.
Again Trump has NEVER been charged with insurrection - NOWHERE! So he most certainly has never been convicted. So the Maine SOS is cop, judge, jury and executioner all wrapped up in a nice package of authoritarian superiority. But lets set her superiority complex aside and look at the 14th and one section she apparently did not read or read it and does not understand her role as a lowly SOS out of Maine.
Section 5.
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Their are two words in law that are critical to understand. May and shall.
From Cornell Law School:
The word “may” is an expression of possibility, a permissive choice to act or not, and ordinarily implies some degree of discretion. This contrasts with the word “shall,” which is generally used to indicate a mandatory provision.
So the word “may” gives a lot of leeway - you can act or not act, depending on your ambition or legal outlook. Its up to you or the group assigned the matter or maybe some one else involved in similar organizations. For arguments sake we will say Maine, since its government may have an intrest - IF we over look the fact their have never been charges let alone a guilty verdict.
No on to “shall” meens MUST its mandatory. Their are no options its legally required.
Now let’s pick one word from Section 5. “SHALL” and compare that to the above legal meanings.
Does Section 5 anywhere delegate to a lowly SOS or even a State Supreme court or even the US Senate or President the power to enforce the provisions of the 14th? Does it say Congress can delegate the powers granted in Section 5? NO to all of those. Congress has the sole power to enforce any and all provisions of the 14th.
END OF CONVERSATION
Now lets look at what Colorado Supreme Court and this Maine SOS are doing. Is their wriggle room for Colorado or Maine in Section 5? I don’t see it, do you?
Findlaw.com states:
Sedition is a serious felony punishable by fines and prison time. Sedition is inciting revolt or violence against a lawful authority to destroy or overthrow it.
So is the Constitution the lawful authority in the USA? I’d say yes as ALL legislation or deeds by government elected office holders or bureaucrats are subject to obeying the Constitution.
What these office holders have done borders on sedition and or inciting insurrection. They are attempting to overthrow the Constitution - the law of the land with their seizing of power not granted to them in anyway shape or form. They all should be impeached, removed form office and charges should be considered. Then throw on the fact both Colorado and Maine have office holders that seem to think they are cops, judges, juries and executioner all in one. This is NOT the way our system works and again it borderlines on sedition or insurrection. If they can do this to Trump they can and will do it to lesser well known people. These people are destroying the legal system and they must be punished so this nonsense stops.
Would I be saying the same if this was being done to Biden ? YES! no matter if you like a politician or not their are rules - the Constitution that must be followed. Without this basic rule of law their is no law, its the law of who’s go the most power.
States have a lot of power per the 10th but overriding or ignoring the Constitution is not one of them.
So one must ask why is the US Supreme court not stepping in and slapping these illterate office holders down? Are they going to ignore Section 5 or are the letting these illiterate state office holders show all their cards so they can bury them? Time will tell, the answer from SCOTUS will be enlightening also.