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Live audio of the US Supreme Court: oral arguments to decide if Trump is eligible to run for president
(www.supremecourt.gov)
this post was submitted on 08 Feb 2024
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That's certainly a strange new precedent. I hope Congress gets to work quickly writing legislation for all the other amendments before a president realizes there aren't laws spelling out how freedom of speech is defined or how to enforce it, etc. etc.
No matter what we might wish were the case, some amendments can be further defined by law. So this isn't a new precedent by any stretch.
Amendment III comes right out and says law can define the details.
So does XIII, section 2
And XV, section 2
And, most apropos, XIV Section 5.
So there it is right there.
Of course constitutional law is complicated. I don't know what I don't know. There are other solid arguments for and against, no doubt. But "unprecedented" isn't one of them, it seems.
There are mountains of case history on the other amendments. This one is truly new.
That doesn't mean Congress needs to define it before it's actionable.