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Has any court explicitly recognized a provision in the constitution as "dormant"?
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S K
Dec 21, 2023, 9:57:35 AM12/21/23
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Jonathan Turley writes:
"As I have previously written, the disqualification of Trump is based on the use of a long-dormant provision in Section 3 of the 14th Amendment."
Is this just a personal opinion or is it a legal term?
In a related case, is The Comstock act seems to be partially repealed but anti-abortion activists are trying to enforce it.
"As I have previously written, the disqualification of Trump is based on the use of a long-dormant provision in Section 3 of the 14th Amendment."
Is this just a personal opinion or is it a legal term?
In a related case, is The Comstock act seems to be partially repealed but anti-abortion activists are trying to enforce it.
Rick
Dec 21, 2023, 10:43:49 AM12/21/23
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"S K" wrote in message
news:d0b2be80-7a8d-4624...@googlegroups.com...
I think he was just expressing an opinion. The Constitution has a pretty
well-defined mechanism -- i.e., the amendment process -- for dealing with
provisions that are no longer valid.
The Comstock Act is a real anachronism in the modern world, and it's likely
to be addressed by the Supreme Court at some point. Congress could also try
to appeal it at some point, especially if the Dems re-take the House in
2024, but not sure they can get the votes in the Senate.
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news:d0b2be80-7a8d-4624...@googlegroups.com...
well-defined mechanism -- i.e., the amendment process -- for dealing with
provisions that are no longer valid.
The Comstock Act is a real anachronism in the modern world, and it's likely
to be addressed by the Supreme Court at some point. Congress could also try
to appeal it at some point, especially if the Dems re-take the House in
2024, but not sure they can get the votes in the Senate.
--
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