• Re: Has any court explicitly recognized a provision in the constitution

    From Rick@21:1/5 to All on Thu Dec 21 07:43:45 2023
    "S K" wrote in message news:d0b2be80-7a8d-4624-ab22-4bc2e95f2550n@googlegroups.com...

    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    In a related case, is The Comstock act seems to be partially repealed but 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.

    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Constitution has a pretty well-defined mechanism -- i.e., the amendment process -- for dealing with provisions that are no longer valid.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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