I wasn’t aware there is an argument that Section 3 of the 14th Amendment was actually nullified in two Congressional votes.
Congress voted to remove the disqualification twice. The Amnesty Act of 1872 stated that the “political disabilities” imposed by Section 3 “are hereby removed from all persons whomsoever” except for members of the 36th and 37th Congresses and certain other military and foreign officials. Note that there is no time limit in this language.
Congress even got rid of these remaining exceptions in the Amnesty Act of 1898, which stated that “the disability imposed by section 3 of the Fourteenth Amendment to the Constitution of the United States heretofore incurred is hereby removed.” There was no language preserving any of the disqualifications for future cases.
That's interesting. But even though in practical terms the constitution is being modified like this constantly isn't an amendment technically required to change it?
The argument is the amendment provides the method for removing this stipulation.
But Congress may by a vote of two-thirds of each House, remove such disability.
The author is saying there are valid arguments that these two Congressional votes, which made the two-thirds threshold were worded in such a way they removed the stipulation for past and future cases.
I wasn’t aware there is an argument that Section 3 of the 14th Amendment was actually nullified in two Congressional votes.
That's interesting. But even though in practical terms the constitution is being modified like this constantly isn't an amendment technically required to change it?
The argument is the amendment provides the method for removing this stipulation.
The author is saying there are valid arguments that these two Congressional votes, which made the two-thirds threshold were worded in such a way they removed the stipulation for past and future cases.
Oh okay, thanks for clearing that up.