Reason Magazine
•This is the tenth and hopefully the last in a series of essays on Section Three of the Constitution
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The Volokh Conspiracy is a series of essays responding to objections to enforcing Section Three of the Constitution .
The article is set to appear in print sometime this month , but it might not beat the Supreme Court's decision in Trump v. Anderson to go to press.
We argue that state election officials, courts, and presidential electors all have the responsibility to faithfully apply Section Three's constitutional disqualification rule, each within the sphere of its respective powers and duties.
The Twelfth Amendment limits Congress 's role in selection of the President to the power of the House of Representatives to "choose immediately, by ballot, the President" We think Congress has a constitutional responsibility to refuse to accede to the election of a person for president who is constitutionally disqualified from holding that office.
We think the main effect of this revision is simply to state that the Constitution does not give Congress power.
The issue is more difficult than we initially thought, and there may be separation-of-powers implications that need to be more fully explored.
With that, we conclude this series of essays responding to objections made against our interpretation of Section Three , whether on policy or legal grounds.
In this, we explained our current thinking about Congress 's powers under the Twelfth Amendment and federal law.
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