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Rh $undefined$ 16–17; EZ 12, 193; Nispahim 56; PRE 3 (here, in accordance with ARN, second version, 37, 95, should be read instead of ); comp. also vol. I, pp. 86, 262, 388; vol. IV, p. 234, with regard to the future light of the pious. On this light which is, however, not identified with the primordial light (but comp. 4 Ezra 6.40, which reads; lumen,…de thesauris tuis, which literally corresponds to the rabbinic, since = “preserved in the treasury”; see also the preceding note), comp. the Apocalypse of Baruch 51.3; Enoch 38.4 (numerous parallel passages are cited by Charles, ad loc.); 2 Enoch 66.3 and 9.Concerning Philo’s view on the primordial light, comp. De M. Opif., 8 and 18; Sachs, Beiträge, II, 34; Weinstein, Genesis der Agada, 38.For the further development of this light doctrine among the medieval philosophers and mystics, comp. Al-Barceloni, 18–22; Zohar I, 31b, 34a, 45b, and II, 158b.  $undefined$ The Hebrew word for heaven (for its etymology see note 16; BR 4.7 and parallel passages cited by Theodor) looks like a plural though it is really a singular (see Barth, Z.D.M.G., 42; 346), hence the conception that there are several heavens is already met with in the Bible.But the exact fixing of their number belongs to a more recent date.Comp. the following two notes.  $undefined$ The significance of the number seven in Jewish legend may be seen by referring to the Index s.v. Seven.PK 23, 154b–155a; Tehillim 9,87 (comp. the parallel passages cited by Buber); PRE 18 and Tadshe 6, 19–20, maintain that from the history of mankind and that of Israel, as well as from nature, one may prove that this number plays an important part.Similar discussions on the importance of “seven” are found in Philo, De M. Opif., 30–34 (in a very elaborate form), and in 4 Maccabees 14.17.Yezirah 4, which is the source for Zohar I, 15b and 38a, as well as for MHG I, 11, points out that everything physical is determined by seven limitations: above and below, right and left, before and behind, and its own individual form.Similarly Philo, ''All. Leg.'', 1.2.Zohar I, 38a, derives the conception of seven heavens, seven hells, and other “sevens” from this fundamental idea, and this view of Zohar deserves serious attention.On the seven heavens comp. further the following note.The dependence of Tadshe, ''loc. cit., on Philo is not to be assumed (against Epstein, R.E.J., XXI, 87, seq.''), in view of the fact that the conception of the seven stages of man’s age, though of Greek origin, occurs not only in Philo and Tadshe, but also in Koheleth 1.2.


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 desert of Sahara—he lets them out in revenge. Certainly that year he let them out with a vengeance, for when I was next time down Coast in the Oil Rivers I was presented with specimens that had been caught in Old Calabar and kept as big curios.

This Freetown swarm came up over the wooded hills to the South-West in a brown cloud of singular structure, denser in some parts than others, continually changing its points of greatest density, like one of Thompson's diagrams of the ultimate structure of gases, for you could see the component atoms as they swept by. They were swirling round and round upwards-downwards like the eddying snowflakes in a winter's storm, and the whole air rustled with the beat of the locusts' wings. They hailed against the steep iron roofs of the store-houses, slid down it, many falling feet through the air before they recovered the use of their wings—the gutters were soon full of them—the ducks in the yard below were gobbling and squabbling over the layer now covering the ground, and the baboon chattered as he seized handfuls and pulled them to pieces.

Everybody took them with excitement, save the jack crows, who on their arrival were sitting sleeping on the roof ridge. They were horribly bored and bothered by the affair. Twice they flopped down and tried them. There they were lying about in gutters with a tempting garbagey look, but evidently the jack crows found them absolutely mawkish; so they went back to the roof ridge in a fuming rage, because the locusts battered against them and prevented them from sleeping.

We left Sierra Leone on the late in the afternoon, and ran out again into the same misty wet weather. The

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 next morning the balance of our passengers were neither up early, nor lively when they were up; but to my surprise. after what I had heard, no one had the much-prognosticated attack of fever. All day long we steamed onwards, passing the Banana Isles and Sherboro Island and the sound usually called Sherboro River. We being a South-West Coast boat, did not call at the trading settlements here, but kept on past Cape St. Ann for the Kru coast.

All day long the rain came down as if thousands of energetic—well, let us say—angels were hurriedly baling the waters above the firmament out into the ocean. Everything on board was reeking wet.

You could sweep the moisture off the cabin panelling with your hand, and our clothes were clammy and musty, and the towels too damp on their own account to dry you. Why none of us started specialising branchiae I do not know, but feel that would have been the proper sort of breathing apparatus for such an atmosphere.

The passengers were all at the tail end of their spirits, for Sierra Leone is the definite beginning of the Coast to the outgoer. You are down there when you leave it outward bound; it is indeed, the complement of Canary. Those going up out of West Africa begin to get excited at Sierra Leone; those going down into West Africa, particularly when it is the wet season, begin to get depressed. It did not, however, operate in this manner on me. I had survived Sierra Leone, I had enjoyed it; why, therefore, not survive other places, and enjoy them? Moreover, my scientific training, combined with close study of the proper method of carrying on the local conversation, had by now enabled me to

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 understand its true spirit,—never contradict, and, if you can, help it onward. When going on deck about 6 o'clock that evening, I was alarmed to see our gallant captain in red velvet slippers. A few minutes later the chief officer burst on my affrighted gaze in red velvet slippers too. On my way hurriedly to the saloon I encountered the third officer similarly shod. When I recovered from these successive shocks, I carried out my mission of alarming the rest of the passengers, who were in the saloon enjoying themselves peacefully, and reported what I had seen. The old coasters, even including the silent ones, agreed with me that we were as good as lost so far as this world went; and the deaf gentleman went hurriedly on deck, we think "to take the sun,"—it was a way he had at any time of day, because "he had been studying about how to fix points for the Government—and wished to keep himself in practice."

My fellow new-comers were perplexed; and one of them, a man who always made a point of resisting education, and who thought nothing of calling some of our instructor's best information "Tommy Rot!" said, "I don't see what can happen; we're right out at sea, and it's as calm as a millpond."

"Don't you, my young friend? don't you?" sadly said an old Coaster. "Well, I'll just tell you there's precious little that can't happen, for we're among the shoals of St. Ann."

The new-comers went on deck "just to look round;" and as there was nothing to be seen but a superb specimen of damp darkness, they returned to the saloon, one of them bearing an old chart sheet which he had borrowed from the authorities. Now that chart was not reassuring; the thing

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 ask Mr. Yorick about it to-night at my brother Shandy's—so put me in mind; added my uncle Toby.

The young Beguine, continued the corporal, had scarce given herself time to tell me "she would be my nurse," when she hastily turned about to begin the office of one, and prepare something for me—and in a short time—though I thought it a long one—she came back with flannels, ''&c. &c''. and having fomented my knee soundly for a couple of hours, &c. and made me a thin basin of gruel for my supper—she wish'd me rest, and promised to be with me early in the morning.—She wish'd me, an' please your honour, what was not to be had.


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 My fever ran very high that night—her figure made sad disturbance within me—I was every moment cutting the world in too—to give her half of it—and every moment was I crying, That I had nothing but a knapsack and eighteen florins to share with her—The whole night long was the fair Beguine, like an angel, close by my bedside, holding back my curtain and offering me cordials—and I was only awakened from my dream by her coming there at the hour promised, and giving them in reality. In truth, she was scarce ever from me, and so accustomed was I to receive life from her hands, that my heart sickened, and I lost colour when she left the room: and yet, continued the corporal,


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 (From a portrait in the State Library, at Albany, that was copied from an original owned by Sir John Johnson. )

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 Rh window, they saw the driver jump from his seat and open the carriage door, after which a nobleman, dressed in rich sables, alighted and directed his steps toward Simeon's humble home. As he entered the porch, Matreona jumped from her seat and threw the door wide open to receive the distinguished guest.

As the stranger was rather tall, and as the doorway was not very high, he was obliged to stoop quite low to effect an entrance. Once inside the room the nobleman stood erect, when he found that his head nearly touched the ceiling, and, being stout in proportion, he filled the whole of one corner.

Seeing so distinguished a visitor, Simeon arose and with a low bow motioned his welcome. He had never before seen such a high personage in his humble home. The nobleman was in strange contrast to the other occupants of the room, who were all very thin and had a care-worn look.

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 looked like an exhibition pattern of a prize shot gun, with the quantity of rocks marked down on it.

"Look here," said an anxious inquirer; "why are some of these rocks named after the Company's ships?"

"Think," said the calm old Coaster.

"Oh, I say! hang it all, you don't mean to say they've been wrecked here? Anyhow, if they have they got off all right. How is it the 'Yoruba Rock' and the ‘Gambia Rock?' The 'Yoruba' and the 'Gambia' are running now."

"Those," explains the old Coaster kindly, "were the old 'Yoruba' and ‘Gambia.' The 'Bonny' that runs now isn't the old 'Bonny.' It's the way with most of them, isn't it?" he says, turning to a fellow old Coaster. "Naturally," says his friend. "But this is the old original, you know, and it's just about time she wrote up her name on one of these tombstones." "You don't save ships," he continues, for the instruction of the new-comers, attentive enough now; "that go on the Kru coast, and if you get ashore you don't save the things you stand up in—the natives strip you."

"Cannibals!" I suggest.

"Oh, of course they are cannibals; they are all cannibals, are natives down here when they get the chance. But, that does not matter; you see what I object to is being brought on board the next steamer that happens to call crowded with all sorts of people you know, and with a lady missionary or so among them, just with nothing on one but a flyaway native cloth. You remember D?

"Well," says his friend. Strengthened by this support, he takes his turn at instructing the young critic, saying soothingly, "there, don't you worry; have a good dinner." (It was just being laid.) "For if you do get ashore the food is

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text: Poems, in Two Volumes (Wordsworth, 1807)/Volume 1/To the Daisy


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ITS WARS WITH INDIANS AND TORIES, ITS MISSIONARY SCHOOLS, PIONEERS AND LAND TITLES

1614–1800

BY FRANCIS WHITING HALSEY

WITH MAPS AND ILLUSTRATIONS

NEW YORK CHARLES SCRIBNER'S SONS 1901

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42 red face, and his herculean figure seemed as if it were cast-iron. The exertion caused him to gasp for breath, and it was with the greatest difficulty that he succeeded in freeing himself from his great-coat, after which he seated himself on the bench.

Looking toward the two men, he asked: "Which of you is the expert shoemaker of whom I have heard so much?"

Simeon, stepping forward, said: "I am he, your high nobility."

Being thus informed, the nobleman called to his servant: "Ho, Fedka [diminutive of Theodore], bring that bundle here!"

The servant brought the package, and his master, taking it from him, placed it on the table and ordered him to open it.

The nobleman took out some leather, over which he passed his hand caressingly, at the same time saying to Simeon:

"Hear me, you shoemaker! Do you see these goods?"


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 something beastly. But, after all, what with the sharks and the surf and the cannibals, you know the chances are a thousand to one that the worst will come to the worst and you live to miss your trousers."

After dinner we new-comers went on deck to keep an eye on Providence, and I was called on to explain how the alarm had been given me by the footgear of the officers. I said, like all great discoveries, "it was founded on observation made in a scientific spirit." I had noticed that whenever a particularly difficult bit of navigation had to be done on our boat, red velvet slippers were always worn, as for instance, when running through the heavy weather we had met south of the Bay, on going in at Puerto de la Luz, and on rounding the Almadia reefs, and on entering Freetown harbour in fog. But never before had I seen more than one officer wearing them at a time, while to-night they were blazing like danger signals at the shore ends of all three.

My opinion as to the importance of these articles to navigation became further strengthened by subsequent observations in the Bights of Biafra and Benin. We picked up rivers in them, always wore them when crossing bars, and did these things on the whole successfully. But once I was on a vessel that was rash enough to go into a difficult river—Rio del Rey—without their aid. That vessel got stuck fast on a bank, and, as likely as not, would be sticking there now with her crew and passengers mere mosquito-eaten skeletons, had not our First officer rushed to his cabin, put on red velvet slippers and gone out in a boat, energetically sounding around with a hand lead. Whereupon we got off, for clearly it was not by his sounding; it never amounted to more than two fathoms, while we required a good three-and-a-half. Yet that First officer, a truthful man, always,

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 THESE ANNALS OF MY BIRTHLAND ARE INSCRIBED TO THE MEMORY OF VIRGINIA ISABEL FORBES MY CONSTANT COMPANION IN THEIR PREPARATION THROUGH MANY YEARS; WHOSE HAND WROTE AND REWROTE MORE THAN HALF THESE PAGES.

"BUT THY ETERNAL SUMMER SHALL NOT FADE."

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 said nobody did a stroke of work on board that vessel bar himself; so I must leave the reader to escape if he can from believing it was the red velvet slippers that saved us, merely remarking that these invaluable nautical instruments were to be purchased at Hamburg, and were possibly only met with on boats that run to Hamburg and used by veterans of that fleet.

If you will look on the map, not mine, but one visible to the naked eye, you will see that the Coast from Sierra Leone to Cape Palmas is the lower bend of the hump of Africa and the turning point into the Bights of Benin, Biafra and Panavia.

Its appearance gives the voyager his first sample of those stupendous sweeps of monotonous landscapes so characteristic of Africa. From Sherboro River to Cape Mount, viewed from the sea, every mile looks as like the next as peas in a pod, and should a cruel fate condemn you to live ashore here in a factory you get so used to the eternal sameness that you automatically believe that nothing else but this sort of world, past, present, or future, can ever have existed and that cities and mountains are but the memories of dreams. A more horrible life than a life in such a region for a man who never takes to it, it is impossible to conceive; for a man who does take to it, it is a kind of dream life. I am judging from the few men I have met who have been stationed here in the few isolated little factories that are established. Some of them look like haunted men, who, when they are among white men again, cling to their society: others are lazy, dreamy men, rather bored by it.

The kind of country that produces this effect must be exceedingly simple in make: it is not the mere isolation from fellow white men that does it—for example, the

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 thou must die!" Don Romero had the cockade which Don Antonio had flung on the ground, and now was stained with phosphorus, fixed to his head. Both of them extended two long fiery arms, the extremities of which were armed with claws, and howled some hollow accents. Antonio shut his eyes when he saw these two frightful figures, and did not open them for some minutes.

"However, the scene was soon changed to our mutual terror. The pulpit-door opened; a man, clad in a white robe, armed with a large cross, and carrying a lanthorn, stept forth. He was soon followed by one more, clad in black.

"It was the pastor of the place, and the sexton, who had heard the uproar in the chapel. The Marquis having neglected to inform them of our nocturnal undertaking, they were come to see what was the matter. We soon knew them; however, the two disguised devils, who never had seen them before, imagined

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A group of Colorado voters contends that Section 3 of the Fourteenth Amendment to the Constitution prohibits former President Donald J. Trump, who seeks the Presidential nomination of the Republican Party in this year’s election, from becoming President again. The Colorado Supreme Court agreed with that contention. It ordered the Colorado secretary of state to exclude the former President from the Republican primary ballot in the State and to disregard any write-in votes that Colorado voters might cast for him. Former President Trump challenges that decision on several grounds. Because the Constitution makes Congress, rather than the States, responsible for enforcing Section 3 against federal officeholders and candidates, we reverse.

Last September, about six months before the March 5, 2024, Colorado primary election, four Republican and two unaffiliated Colorado voters filed a petition against former President Trump and Colorado Secretary of State Jena Griswold in Colorado state court. These voters—whom we refer to as the respondents—contend that after former

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 that they were apparitions from another world, their late fear seized them again, and they ran with all possible speed towards the door. They had, however, the misfortune to lose their way between the pews; Don Joachim's lanthorn dropt from his head, and fell in Don Romero's face; the one was frightened at the other; yet the latter had the presence of mind to take it up, to fasten it to one of his long artificial arms, which he took upon his shoulder, and thus happily gained the door. His giant-like assistant was close at his heels.

"But now a new misfortune happened; for when the priest began his exorcisms, both of them were tempted to look once more back; the little one, who led the way, turning suddenly round, knocked the lanthorn so violently into the face of his tall companion, that the latter, imagining to have received a blow from a spirit, dropped half dead upon the ground. Don Romero was terribly frightened at

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2 President Trump’s defeat in the 2020 Presidential election, he disrupted the peaceful transfer of power by intentionally organizing and inciting the crowd that breached the Capitol as Congress met to certify the election results on January 6, 2021. One consequence of those actions, the respondents maintain, is that former President Trump is constitutionally ineligible to serve as President again.

Their theory turns on Section 3 of the Fourteenth Amendment. Section 3 provides: "“No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”"

According to the respondents, Section 3 applies to the former President because after taking the Presidential oath in 2017, he intentionally incited the breaching of the Capitol on January 6 in order to retain power. They claim that he is therefore not a qualified candidate, and that as a result, the Colorado secretary of state may not place him on the primary ballot. See Colo. Rev. Stat. §§1–1–113(1), 1–4–1101(1), 1–4–1201, 1–4–1203(2)(a), 1–4–1204 (2023).

After a five-day trial, the state District Court found that former President Trump had “engaged in insurrection” within the meaning of Section 3, but nonetheless denied the respondents’ petition. The court held that Section 3 did not apply because the Presidency, which Section 3 does not mention by name, is not an “office … under the United

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Rh States” and the President is not an “officer of the United States” within the meaning of that provision. See App. to Pet. for Cert. 184a–284a.

In December, the Colorado Supreme Court reversed in part and affirmed in part by a 4 to 3 vote. Reversing the District Court’s operative holding, the majority concluded that for purposes of Section 3, the Presidency is an office under the United States and the President is an officer of the United States. The court otherwise affirmed, holding (1) that the Colorado Election Code permitted the respondents’ challenge based on Section 3; (2) that Congress need not pass implementing legislation for disqualifications under Section 3 to attach; (3) that the political question doctrine did not preclude judicial review of former President Trump’s eligibility; (4) that the District Court did not abuse its discretion in admitting into evidence portions of a congressional Report on the events of January 6; (5) that the District Court did not err in concluding that those events constituted an “insurrection” and that former President Trump “engaged in” that insurrection; and (6) that former President Trump’s speech to the crowd that breached the Capitol on January 6 was not protected by the First Amendment. See id., at 1a–114a.

The Colorado Supreme Court accordingly ordered Secretary Griswold not to “list President Trump’s name on the 2024 presidential primary ballot” or “count any write-in votes cast for him.” Id., at 114a. Chief Justice Boatright and Justices Samour and Berkenkotter each filed dissenting opinions. Id., at 115a–124a, 125a–161a, 162a–183a.

Under the terms of the opinion of the Colorado Supreme Court, its ruling was automatically stayed pending this Court’s review. See id., at 114a. We granted former President Trump’s petition for certiorari, which raised a single question: “Did the Colorado Supreme Court err in ordering President Trump excluded from the 2024 presidential primary ballot?” See 601 U. S. ___ (2024). Concluding that it

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 that incident, but retained sufficient recollection to disencumber himself of every thing that could retard him on his flight, and to leap with the greatest agility over the graves. Yet the terror which pervaded his agitated mind did not leave him sufficient power to proceed far, and he seated himself, at length, half fainting, upon a tombstone, patiently awaiting the event.

"The Marquis now resolved to put an end to the whole scene; and making a signal to the servants, the machinery was concealed as well as possible; every one of the actors stole silently out of the chapel, and the whole company met at the great gate. The first thing we did was to restore Don Joachim to the use of his senses; Don Romero soon joined us; and having lighted our torches, we repaired again to the chapel.

"The priest was still preaching. He had taken the candle out of the lanthorn, and fixed it upon the pulpit, devoutly

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4 did, we now reverse.

Proposed by Congress in 1866 and ratified by the States in 1868, the Fourteenth Amendment “expand[ed] federal power at the expense of state autonomy” and thus “fundamentally altered the balance of state and federal power struck by the Constitution.” Seminole Tribe of Fla. v. Florida, 517 U. S. 44, 59 (1996); see also Ex parte Virginia, 100 U. S. 339, 345 (1880). Section 1 of the Amendment, for instance, bars the States from “depriv[ing] any person of life, liberty, or property, without due process of law” or “deny[ing] to any person … the equal protection of the laws.” And Section 5 confers on Congress “power to enforce” those prohibitions, along with the other provisions of the Amendment, “by appropriate legislation.”

Section 3 of the Amendment likewise restricts state autonomy, but through different means. It was designed to help ensure an enduring Union by preventing former Confederates from returning to power in the aftermath of the Civil War. See, e.g., Cong. Globe, 39th Cong., 1st Sess., 2544 (1866) (statement of Rep. Stevens, warning that without appropriate constitutional reforms “yelling secessionists and hissing copperheads” would take seats in the House); id., at 2768 (statement of Sen. Howard, lamenting prospect of a “State Legislature … made up entirely of disloyal elements” absent a disqualification provision). Section 3 aimed to prevent such a resurgence by barring from office “those who, having once taken an oath to support the Constitution of the United States, afterward went into rebellion against the Government of the United States.” Cong. Globe, 41st Cong., 1st Sess., 626 (1869) (statement of Sen. Trumbull).

Section 3 works by imposing on certain individuals a preventive and severe penalty—disqualification from holding

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Rh a wide array of offices—rather than by granting rights to all. It is therefore necessary, as Chief Justice Chase concluded and the Colorado Supreme Court itself recognized, to “ ‘ascertain[ ] what particular individuals are embraced’ ” by the provision. App. to Pet. for Cert. 53a (quoting Griffin’s Case, 11 F. Cas. 7, 26 (No. 5,815) (CC Va. 1869) (Chase, Circuit Justice)). Chase went on to explain that “[t]o accomplish this ascertainment and ensure effective results, proceedings, evidence, decisions, and enforcements of decisions, more or less formal, are indispensable.” Id., at 26. For its part, the Colorado Supreme Court also concluded that there must be some kind of “determination” that Section 3 applies to a particular person “before the disqualification holds meaning.” App. to Pet. for Cert. 53a.

The Constitution empowers Congress to prescribe how those determinations should be made. The relevant provision is Section 5, which enables Congress, subject of course to judicial review, to pass “appropriate legislation” to “enforce” the Fourteenth Amendment. See City of Boerne v. Flores, 521 U. S. 507, 536 (1997). Or as Senator Howard put it at the time the Amendment was framed, Section 5 “casts upon Congress the responsibility of seeing to it, for the future, that all the sections of the amendment are carried out in good faith.” Cong. Globe, 39th Cong., 1st Sess., at 2768.

Congress’s Section 5 power is critical when it comes to Section 3. Indeed, during a debate on enforcement legislation less than a year after ratification, Sen. Trumbull noted that “notwithstanding [Section 3] … hundreds of men [were] holding office” in violation of its terms. Cong. Globe, 41st Cong., 1st Sess., at 626. The Constitution, Trumbull noted, “provide[d] no means for enforcing” the disqualification, necessitating a “bill to give effect to the fundamental law embraced in the Constitution.” Ibid. The enforcement mechanism Trumbull championed was later enacted as part of the Enforcement Act of 1870, “pursuant to the power

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text: Horrid Mysteries: a Story

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 handful of men who are on the Ogowé do not get like this though many of them are equally lone men, yet they are bright and lively enough. Anyhow, exceedingly simple in make as is this region of Africa from Sherboro to Cape Mount, it consists of four different things in four long lines—lines that go away into eternity for as far as eye can see. There is the band of yellow sand on which your little factory is built. This band is walled to landwards by a wall of dark forest, mounted against the sky to seaward by a wall of white surf; beyond that there is the horizon-bounded ocean. Neither the forest wall nor surf wall changes enough to give any lively variety; they just run up and down a gamut of the same set of variations. In the light of brightest noon the forest wall stands dark against the dull blue sky, in the depth of the darkest night you can see it stand darker still, against the stars; on moonlight nights and on tornado nights, when you see the forest wall by the lightning light, it looks as if it had been done over with a coat of tar. The surf wall is equally consistent, it may be bad, or good as surf, but it's generally the former, which merely means it is a higher, broader wall, and more noisy, but it's the same sort of wall making the same sort of noise all the time. It is always white; in the sunlight, snowy white, suffused with a white mist wherein are little broken, quivering bits of rainbows. In the moonlight, it gleams with a whiteness there is in nothing else on earth. If you can imagine a non-transparent diamond wall, I think you will get some near idea to it, and even on the darkest of dark nights you can still see the surf wall clearly enough, for it shows like the ghost of its daylight self, seeming to have in it a light of its own, and you love or hate it. Night and day and season changes pass

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6 conferred by §5 of the [Fourteenth] Amendment.” General Building Contractors Assn., Inc. v. Pennsylvania, 458 U. S. 375, 385 (1982); see 16 Stat. 143–144.

This case raises the question whether the States, in addition to Congress, may also enforce Section 3. We conclude that States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency.

“In our federal system, the National Government possesses only limited powers; the States and the people retain the remainder.” Bond v. United States, 572 U. S. 844, 854 (2014). Among those retained powers is the power of a State to “order the processes of its own governance.” Alden v. Maine, 527 U. S. 706, 752 (1999). In particular, the States enjoy sovereign “power to prescribe the qualifications of their own officers” and “the manner of their election … free from external interference, except so far as plainly provided by the Constitution of the United States.” Taylor v. Beckham, 178 U. S. 548, 570–571 (1900). Although the Fourteenth Amendment restricts state power, nothing in it plainly withdraws from the States this traditional authority. And after ratification of the Fourteenth Amendment, States used this authority to disqualify state officers in accordance with state statutes. See, e.g., Worthy v. Barrett, 63 N. C. 199, 200, 204 (1869) (elected county sheriff); ''State ex rel. Sandlin v. Watkins'', 21 La. Ann. 631, 631–633 (1869) (state judge).

Such power over governance, however, does not extend to federal officeholders and candidates. Because federal officers “ ‘owe their existence and functions to the united voice of the whole, not of a portion, of the people,’ ” powers over their election and qualifications must be specifically “delegated to, rather than reserved by, the States.” U. S. Term

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text: Horrid Mysteries: a Story/Volume 3

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 over these things, like reflections in a mirror, without altering the mirror frame; but nothing comes that ever stills for one-half second the thunder of the surf-wall or makes it darker, or makes the forest-wall brighter than the rest of your world. Mind you, it is intensely beautiful, intensely soothing, in- tensely interesting if you can read it and you like it, but life for a man who cannot and does not is a living death.

But if you are seafaring there is no chance for a brooding melancholy to seize on you hereabouts, for you soon run along this bit of coast and see the sudden, beautiful headland of Cape Mount, which springs aloft in several rounded hills a thousand and odd feet above the sea and looking like an island. After passing it, the land rapidly sinks again to the old level, for a stretch of another 46 miles or so when Cape Mesurado, rising about 200 feet, seems from seaward to be another island.

The capital of the Liberian Republic, Monrovia, is situated on the southern side of the river Mesurado, and right under the high land of the Cape, but it is not visible from the roadstead, and then again comes the low coast, unrolling its ribbon of sandy beach, walled as before with forest wall and surf, but with the difference that between the sand beach and the forest are long stretches of lagooned waters. Evil looking, mud-fringed things, when I once saw them at the end of a hard, dry season, but when the wet season's rains come they are transformed into beautiful lakes; communicating with each other and overflowing by shallow

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Rh Limits, Inc. v. Thornton, 514 U. S. 779, 803–804 (1995) (quoting 1 J. Story, Commentaries on the Constitution of the United States §627, p. 435 (3d ed. 1858)). But nothing in the Constitution delegates to the States any power to enforce Section 3 against federal officeholders and candidates.

As an initial matter, not even the respondents contend that the Constitution authorizes States to somehow remove sitting federal officeholders who may be violating Section 3. Such a power would flout the principle that “the Constitution guarantees ‘the entire independence of the General Government from any control by the respective States.’ ” Trump v. Vance, 591 U. S. 786, 800 (2020) (quoting Farmers and Mechanics Sav. Bank of Minneapolis v. Minnesota, 232 U. S. 516, 521 (1914)). Indeed, consistent with that principle, States lack even the lesser powers to issue writs of mandamus against federal officials or to grant habeas corpus relief to persons in federal custody. See McClung v. Silliman, 6 Wheat. 598, 603–605 (1821); Tarble’s Case, 13 Wall. 397, 405–410 (1872).

The respondents nonetheless maintain that States may enforce Section 3 against candidates for federal office. But the text of the Fourteenth Amendment, on its face, does not affirmatively delegate such a power to the States. The terms of the Amendment speak only to enforcement by Congress, which enjoys power to enforce the Amendment through legislation pursuant to Section 5.

This can hardly come as a surprise, given that the substantive provisions of the Amendment “embody significant limitations on state authority.” Fitzpatrick v. Bitzer, 427 U. S. 445, 456 (1976). Under the Amendment, States cannot abridge privileges or immunities, deprive persons of life, liberty, or property without due process, deny equal protection, or deny male inhabitants the right to vote (without thereby suffering reduced representation in the House). See Amdt. 14, §§1, 2. On the other hand, the Fourteenth Amendment grants new power to Congress to enforce the

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 channels which they cut here and there through the sandbeach ramparts into the sea.

The identification of places from aboard ship along such a coast as this is very difficult. Even good sized rivers doubling on themselves sneak out between sand banks, and make no obvious break in surf or forest wall. The old sailing direction that gave as a landmark the "Tree with two crows on it" is as helpful as any one could get of many places here, and when either the smoke season or the wet season is on of course you cannot get as good as that. But don't imagine that unless the navigator wants to call on business, he can "just put up his heels and blissfully think o' nowt," for this bit of the West Coast of Africa is one of the most trying in the world to work. Monotonous as it is ashore, it is exciting enough out to sea in the way of the rocks and shoals, and an added danger exists at the beginning and end of the wet, and the beginning of the dry, in the shape of tornadoes. These are sudden storms coming up usually with terrific violence; customarily from the S.E. and E., but sometimes towards the end of the season straight from S. More slave ships than enough have been lost along this bit of coast in their time, let alone decent Bristol Guineamen into the bargain, owing to "a delusion that occasionally seized inexperienced commanders that it was well to heave-to for a tornado, whereas a sailing ship's best chance lay in her heels." It was a good chance too, for owing to the short duration of this breed of hurricane and their terrific rain, there accompanies them no heavy sea,

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8 provisions of the Amendment against the States. It would be incongruous to read this particular Amendment as granting the States the power—silently no less—to disqualify a candidate for federal office.

The only other plausible constitutional sources of such a delegation are the Elections and Electors Clauses, which authorize States to conduct and regulate congressional and Presidential elections, respectively. See Art. I, §4, cl. 1; Art. II, §1, cl. 2. But there is little reason to think that these Clauses implicitly authorize the States to enforce Section 3 against federal officeholders and candidates. Granting the States that authority would invert the Fourteenth Amendment’s rebalancing of federal and state power.

The text of Section 3 reinforces these conclusions. Its final sentence empowers Congress to “remove” any Section 3 “disability” by a two-thirds vote of each house. The text imposes no limits on that power, and Congress may exercise it any time, as the respondents concede. See Brief for Respondents 50. In fact, historically, Congress sometimes exercised this amnesty power postelection to ensure that some of the people’s chosen candidates could take office. But if States were free to enforce Section 3 by barring candidates from running in the first place, Congress would be

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Rh forced to exercise its disability removal power before voting begins if it wished for its decision to have any effect on the current election cycle. Perhaps a State may burden congressional authority in such a way when it exercises its “exclusive” sovereign power over its own state offices. Taylor, 178 U. S., at 571. But it is implausible to suppose that the Constitution affirmatively delegated to the States the authority to impose such a burden on congressional power with respect to candidates for federal office. Cf. McCulloch v. Maryland, 4 Wheat. 316, 436 (1819) (“States have no power … to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress”).

Nor have the respondents identified any tradition of state enforcement of Section 3 against federal officeholders or candidates in the years following ratification of the Fourteenth Amendment. Such a lack of historical precedent is generally a “ ‘telling indication’ ” of a “ ‘severe constitutional problem’ ” with the asserted power. United States v. Texas, 599 U. S. 670, 677 (2023) (quoting Free Enterprise Fund v. Public Company Accounting Oversight Bd., 561 U. S. 477, 505 (2010)). And it is an especially telling sign here, because as noted, States did disqualify persons from holding state offices following ratification of the Fourteenth Amendment. That pattern of disqualification with respect to state, but not federal offices provides “persuasive evidence of a general understanding” that the States lacked enforcement power with respect to the latter. U. S. Term Limits, 514

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 the tornado-rain ironing the ocean down; so if, according to one of my eighteenth century friends, you see that well-known tornado-cloud arch coming, and you are on a Guineaman, for your sins, "a dray of a vessel with an Epping Forest of sea growth on her keel, and two-thirds of the crew down with fever or dead of it, as likely they will be after a spell on this coast," the sooner you get her ready to run the better, and with as little on her as you can do with. If, however, there be a white cloud inside the cloud-arch you must strip her quick and clean, for that tornado is going to be the worst tornado you were ever in.

Nevertheless, tornadoes are nothing to the rocks round here. At the worst, there are but two tornadoes a day, always at tide turn, only at certain seasons of the year, and you can always see them coming; but it is not that way with the rocks. There is at least one to each quarter hour in the entire twenty-four. They are there all the year round, and more than one time in forty you can't see them coming. In case you think I am overstating the case, I beg to lay before you the statement concerning rocks given me by an old captain, who was used to these seas and never lost a ship. I had said something flippant about rocks, and he said, "I'll write them down for you, missy." This is just his statement for the chief rocks between Junk River and Baffu; not a day's steamer run. "Two and three quarters miles and six cables N.W. by W. from Junk River there is 'Hooper's Patch,' irregular in shape, about a mile long and carrying in some places only $2 1⁄2$ fathoms of water. There is another bad patch about a mile and a-half from Hooper's, so if you have to go dodging your way into Marshall, a Liberian settlement, great caution and good luck is useful. In Waterhouse Bay there's a cluster of pinnacle

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Rh was something in that luminous wonderfulness that touched one’s brain and made one feel a little lightheaded.

One couple had gone to London; the other had gone to the Bungalow village at Bone Cliff. Where, I wondered, was Bone Cliff?

I came upon my wooden-legged man at the top of his steps.

“Hullo,” said I.

He pointed seaward with his pipe, his silver ring shone in the sky light.

“Rum,” he said.

“What is?”’ I asked.

“Search-lights! Smoke! Ships going north! If it wasn’t for this blasted Milky Way gone green up there, we might see.”

He was too intent to heed my questions for a time. Then he vouchsafed over his shoulder

“Know Bungalow village?—rather. Artis’ and such. Nice goings on! Mixed bathing—something scandalous. Yes.”

“But where is it?” I said, suddenly exasperated.

“There!” he said. “What’s that flicker? A gunflash—or I’m a lost soul!”

“You'd hear,” I said, “long before it was near enough to see a flash.”

He didn’t answer. Only by making it clear I would distract him until he told me what I wanted to know could I get him to turn from his absorbed contemplation of that phantom dance between the sea rim and the shine. Indeed I gripped his arm and shook him. Then he turned upon me cursing.


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10 U. S., at 826.

Instead, it is Congress that has long given effect to Section 3 with respect to would-be or existing federal officeholders. Shortly after ratification of the Amendment, Congress enacted the Enforcement Act of 1870. That Act authorized federal district attorneys to bring civil actions in federal court to remove anyone holding nonlegislative office—federal or state—in violation of Section 3, and made holding or attempting to hold office in violation of Section 3 a federal crime. §§14, 15, 16 Stat. 143–144 (repealed, 35 Stat. 1153–1154, 62 Stat. 992–993). In the years following ratification, the House and Senate exercised their unique powers under Article I to adjudicate challenges contending that certain prospective or sitting Members could not take or retain their seats due to Section 3. See Art. I, §5, cls. 1, 2; 1 A. Hinds, Precedents of the House of Representatives §§459–463, pp. 470–486 (1907). And the Confiscation Act of 1862, which predated Section 3, effectively provided an additional procedure for enforcing disqualification. That law made engaging in insurrection or rebellion, among other acts, a federal crime punishable by disqualification from holding office under the United States. See §§2, 3, 12 Stat. 590. A successor to those provisions remains on the books today. See 18 U. S. C. §2383.

Moreover, permitting state enforcement of Section 3 against federal officeholders and candidates would raise serious questions about the scope of that power. Section 5 limits congressional legislation enforcing Section 3, because Section 5 is strictly “remedial.” City of Boerne, 521 U. S., at 520. To comply with that limitation, Congress “must tailor its legislative scheme to remedying or preventing” the specific conduct the relevant provision prohibits. ''Florida Prepaid Postsecondary Ed. Expense Bd. v. College Savings Bank'', 527 U. S. 627, 639 (1999). Section 3, unlike other provisions of the Fourteenth Amendment, proscribes conduct of individuals. It bars persons from holding office after

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 regret. Matilda carefully shut the doors, and returned to Bertha's apartments, with a lighter heart and a dawn of hope.

On her entrance into the kitchen the good creature clasped her hands and shouted for joy; "O good God be thanked, (said she) that I see you once again; my dear lady, where have you been and what have you seen?" "An excellent library of books, (replied Matilda.) "And did you see no ghosts, nor hear no noises?" "I saw no ghosts, but I certainly did hear noises." "Lord have mercy upon us! and so, had you courage to stay?" "Yes, I stayed to view the apartments, but I was a little frighted, I must confess." "O, dear heart, but I hope you won't go again." "Indeed I shall, (said Matilda) I intend to sit there very often, and shall borrow some books to bring home with me." "O, madam, don't be so hardy, who knows what mischief may come of it one day," "I have no fears, good Bertha; if we perform our duties towards God and


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Rh taking a qualifying oath and then engaging in insurrection or rebellion—nothing more. Any congressional legislation enforcing Section 3 must, like the Enforcement Act of 1870 and §2383, reflect “congruence and proportionality” between preventing or remedying that conduct “and the means adopted to that end.” City of Boerne, 521 U. S., at 520. Neither we nor the respondents are aware of any other legislation by Congress to enforce Section 3. See Tr. of Oral Arg. 123.

Any state enforcement of Section 3 against federal officeholders and candidates, though, would not derive from Section 5, which confers power only on “[t]he Congress.” As a result, such state enforcement might be argued to sweep more broadly than congressional enforcement could under our precedents. But the notion that the Constitution grants the States freer rein than Congress to decide how Section 3 should be enforced with respect to federal offices is simply implausible.

Finally, state enforcement of Section 3 with respect to the Presidency would raise heightened concerns. “[I]n the context of a Presidential election, state-imposed restrictions implicate a uniquely important national interest.” Anderson v. Celebrezze, 460 U. S. 780, 794–795 (1983) (footnote omitted). But state-by-state resolution of the question whether Section 3 bars a particular candidate for President from serving would be quite unlikely to yield a uniform answer consistent with the basic principle that “the President … represent[s] all the voters in the Nation.” Id., at 795 (emphasis added).

Conflicting state outcomes concerning the same candidate could result not just from differing views of the merits, but from variations in state law governing the proceedings that are necessary to make Section 3 disqualification determinations. Some States might allow a Section 3 challenge to succeed based on a preponderance of the evidence, while

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12 others might require a heightened showing. Certain evidence (like the congressional Report on which the lower courts relied here) might be admissible in some States but inadmissible hearsay in others. Disqualification might be possible only through criminal prosecution, as opposed to expedited civil proceedings, in particular States. Indeed, in some States—unlike Colorado (or Maine, where the secretary of state recently issued an order excluding former President Trump from the primary ballot)—procedures for excluding an ineligible candidate from the ballot may not exist at all. The result could well be that a single candidate would be declared ineligible in some States, but not others, based on the same conduct (and perhaps even the same factual record).

The “patchwork” that would likely result from state enforcement would “sever the direct link that the Framers found so critical between the National Government and the people of the United States” as a whole. U. S. Term Limits, 514 U. S., at 822. But in a Presidential election “the impact of the votes cast in each State is affected by the votes cast”—or, in this case, the votes not allowed to be cast—“for the various candidates in other States.” Anderson, 460 U. S., at 795. An evolving electoral map could dramatically change the behavior of voters, parties, and States across the country, in different ways and at different times. The disruption would be all the more acute—and could nullify the votes of millions and change the election result—if Section 3 enforcement were attempted after the Nation has voted. Nothing in the Constitution requires that we endure such chaos—arriving at any time or different times, up to and perhaps beyond the Inauguration.

For the reasons given, responsibility for enforcing Section 3 against federal officeholders and candidates rests with Congress and not the States. The judgment of the Colorado

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 man, Providence will always preserve us from evil." "Ah! Lord, madam, you talk so good; I am sure I never did hurt to any body, nor Joseph neither, and when no company comes here we be as quiet as lambs, and yet methinks I do wish for folks sometimes, because you know 'tis very lonely—but will you have your bed made below stairs to night?" "No, (replied Matilda) I will sleep in the same room, I have no apprehensions at all now." Bertha wondered at the lady's courage, but said nothing.

Albert had before this requested to sleep below, for as they were ghosts of quality, who never condescended to visit kitchens, he thought himself perfectly safe, on the ground floor.

When dinner was over, Matilda said she should go to the library and fetch some books. Bertha looked quite woe begone, but was silent: not so Albert, who had been informed of the perilous adventure his young mistress


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Rh Supreme Court therefore cannot stand.

All nine Members of the Court agree with that result. Our colleagues writing separately further agree with many of the reasons this opinion provides for reaching it. See ; see also. So far as we can tell, they object only to our taking into account the distinctive way Section 3 works and the fact that Section 5 vests in Congress the power to enforce it. These are not the only reasons the States lack power to enforce this particular constitutional provision with respect to federal offices. But they are important ones, and it is the combination of all the reasons set forth in this opinion—not, as some of our colleagues would have it, just one particular rationale—that resolves this case. In our view, each of these reasons is necessary to provide a complete explanation for the judgment the Court unanimously reaches.

The judgment of the Colorado Supreme Court is reversed.

The mandate shall issue forthwith.

It is so ordered.

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Rh

, concurring in part and concurring in the judgment.

I join and  of the Court’s opinion. I agree that States lack the power to enforce Section 3 against Presidential candidates. That principle is sufficient to resolve this case, and I would decide no more than that. This suit was brought by Colorado voters under state law in state court. It does not require us to address the complicated question whether federal legislation is the exclusive vehicle through which Section 3 can be enforced.

The majority’s choice of a different path leaves the remaining Justices with a choice of how to respond. In my judgment, this is not the time to amplify disagreement with stridency. The Court has settled a politically charged issue in the volatile season of a Presidential election. Particularly in this circumstance, writings on the Court should turn the national temperature down, not up. For present purposes, our differences are far less important than our unanimity: All nine Justices agree on the outcome of this case. That is the message Americans should take home.

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Rh

,, and , concurring in the judgment.

“If it is not necessary to decide more to dispose of a case, then it is necessary not to decide more.” Dobbs v. Jackson Women’s Health Organization, 597 U. S. 215, 348 (2022) (, concurring in judgment). That fundamental principle of judicial restraint is practically as old as our Republic. This Court is authorized “to say what the law is” only because “[t]hose who apply [a] rule to particular cases … must of necessity expound and interpret that rule.” Marbury v. Madison, 1 Cranch 137, 177 (1803) (emphasis added).

Today, the Court departs from that vital principle, deciding not just this case, but challenges that might arise in the future. In this case, the Court must decide whether Colorado may keep a Presidential candidate off the ballot on the ground that he is an oathbreaking insurrectionist and thus disqualified from holding federal office under Section 3 of the Fourteenth Amendment. Allowing Colorado to do so would, we agree, create a chaotic state-by-state patchwork, at odds with our Nation’s federalism principles. That is enough to resolve this case. Yet the majority goes further. Even though “[a]ll nine Members of the Court” agree that this independent and sufficient rationale resolves this case,

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 her mistress all about it. "She's a imp, that woman is—a out-and-out imp."

"Vot I'm thinkin of," said Chokes, having surveyed the cottage calmly, "ith thith: how did they get up to them there poth? Have you a ladder about the premitheth?"

"A small un: it'll reach up as high as my window there."

"Thatth of no uthe."

"Couldn't they get up that gutter?" said Judkins, alluding to a wooden pipe which reached from the roof to the water butt.

"Vy," replied Chokes, "if they didn't, I don't thee how they got up at all! But there ithn't more than room enough there for a cat! A man would break his blethed neck if he attempted to valk up there. I'd back my boy againtht the univerth for climbing, but he couldn't get up there!—a reg'lar rope-danther couldn't do it."

"Well, it's quite clear they got up somehow."

"Yeth, thatth vethy clear."

"And as missis is going to London to-day, the sooner we get them there sacks off the better."

"Vethy good. Ve mutht have a long ladder to do it. Whoth got one?"

"I don't know exactly: let's go and inquire."

They accordingly started, and while they were absent, cook was endeavouring to impress upon her mistress the probability of Judkins being in this case the delinquent. But her mistress would not for a moment hear of even its possibility. "I do not," she said, at length, "believe a word of it, cook: nor have you any reason to believe it. I know that you and Judkins are not friends, and if I find on my return that you are not more friendly, you must be separated. Judkins I believe to be a most faithful servant, and I would not part with him on any slight grounds."

Cook wept at the prospect which opened before her. She was deeply attached to her mistress—it may be said that she loved her—and would not on any account have left her voluntarily—except indeed to be married. This address therefore made a deep impression on her mind, and caused her to reflect upon the expediency of reforming that infirmity of temper of which every one complained.

Judkins and Chokes now returned with a ladder—the only one in the village that could reach the roof, and one which had been locked up for months and when they had succeeded in raising it, Chokes ascended with admirable presence of mind, and having philosophically taken off the sacks, the fires when lighted burned freely again.

"Mr. Chokes," said cook, when all this had been accomplished, "you'll have a glass of ale?"

"If you pleathe," replied Chokes.

"You'll have a glass, Judkins?"

Judkins was startled! He felt quite amazed! The idea of her asking him to have a glass of ale, after what had occurred, so upset his faculties for the moment, that he seemed to have been deprived of the power of speech! She waited not, however, for his answer: she went


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2 five Justices go on. They decide novel constitutional questions to insulate this Court and petitioner from future controversy. Although only an individual State’s action is at issue here, the majority opines on which federal actors can enforce Section 3, and how they must do so. The majority announces that a disqualification for insurrection can occur only when Congress enacts a particular kind of legislation pursuant to Section 5 of the Fourteenth Amendment. In doing so, the majority shuts the door on other potential means of federal enforcement. We cannot join an opinion that decides momentous and difficult issues unnecessarily, and we therefore concur only in the judgment.

Our Constitution leaves some questions to the States while committing others to the Federal Government. Federalism principles embedded in that constitutional structure decide this case. States cannot use their control over the ballot to “undermine the National Government.” U. S. Term Limits, Inc. v. Thornton, 514 U. S. 779, 810 (1995). That danger is even greater “in the context of a Presidential election.” Anderson v. Celebrezze, 460 U. S. 780, 794–795 (1983). State restrictions in that context “implicate a uniquely important national interest” extending beyond a State’s “own borders.” Ibid. No doubt, States have significant “authority over presidential electors” and, in turn, Presidential elections. Chiafalo v. Washington, 591 U. S. 578, 588 (2020). That power, however, is limited by “other constitutional constraint[s],” including federalism principles. Id., at 589.

The majority rests on such principles when it explains why Colorado cannot take Petitioner off the ballot. “[S]tate-by-state resolution of the question whether Section 3 bars a particular candidate for President from serving,” the majority explains, “would be quite unlikely to yield a uniform answer consistent with the basic principle that ‘the President

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stylesheet problems inhibit progress
The stylesheet stopped working for me so I am going to wait until it starts to work again. Three things might happen:
 * 1) stylesheet starts working and I notice and resume
 * 2) another person notices that the stylesheet is working and lets me know
 * 3) someone else does these images to his/her/their liking.

--RaboKarbakian (talk) 15:45, 4 March 2024 (UTC)


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Rh … represent[s] all the voters in the Nation.’ ” (quoting Anderson, 460 U. S., at 795). That is especially so, the majority adds, because different States can reach “[c]onflicting … outcomes concerning the same candidate … not just from differing views of the merits, but from variations in state law governing the proceedings” to enforce Section 3.

The contrary conclusion that a handful of officials in a few States could decide the Nation’s next President would be especially surprising with respect to Section 3. The Reconstruction Amendments “were specifically designed as an expansion of federal power and an intrusion on state sovereignty.” City of Rome v. United States, 446 U. S. 156, 179 (1980). Section 3 marked the first time the Constitution placed substantive limits on a State’s authority to choose its own officials. Given that context, it would defy logic for Section 3 to give States new powers to determine who may hold the Presidency. Cf. (“It would be incongruous to read this particular Amendment as granting the States the power—silently no less—to disqualify a candidate for federal office”).

That provides a secure and sufficient basis to resolve this case. To allow Colorado to take a presidential candidate off the ballot under Section 3 would imperil the Framers’ vision of “a Federal Government directly responsible to the people.” U. S. Term Limits, 514 U. S., at 821. The Court should have started and ended its opinion with this conclusion.

Yet the Court continues on to resolve questions not before us. In a case involving no federal action whatsoever, the Court opines on how federal enforcement of Section 3 must proceed. Congress, the majority says, must enact legislation under Section 5 prescribing the procedures to “ ‘ “ascertain[ ] what particular individuals” ’ ” should be disqualified.

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 at once and drew the ale, and absolutely placed two glasses before them!

This was touching. Judkins couldn't stand it. He looked at her for a moment, as if to be sure that he had made no mistake in the person, and then said "Give us your hand, old girl. I don't think at all times you mean what you say, but don't let's have these here kicks up. Let's be comfortable together. Why shouldn't we be? We've got a good missis, and if we aint happy it's all our own fault. There, give us your hand, and let's have no more quarrelling."

Cook gave her hand freely, and then left the kitchen; and when the faculties of Judkins were sufficiently restored, he proceeded to explain to Chokes precisely how the smoke had attacked him.

"Jutht tho," observed Chokes, when all had been described; "vethy true! But lithen! I've been in thith profethion now more than fifty yearth, and I flatter mythelf I know thomethin about it. Now, ven you found the thmoke tho thick in the kitchen, inthead of dathin through it ath you did, and thuth takin away all your blethed breath, you thould have dropped down inthantly upon your handth and kneeth, and then you vouldn't have had any thmoke at all. I'll tell you vy: Thmoke hath got ath muth natur about it ath we have, and knowth ath vell vot itth about. Itth the natur of thmoke to go up the thimbley, and up the thimbley ven it can it vill go, and not give no trouble to nobody; but if tho be it can't go up the thimbley, then it vill go vere it can, but alvayth up if it can. Now, thmoke vanth freth air. It'll alvayth go into freth air if it can. Vethy good. But if it can't it'll thill go up nevertheleth. Now lithen. If a room ith vethy hot, itth muth hotter at top than at bottom—that ith to thay, itth hotter near the theelin than it ith near the floor. If a room hath been heated by gath, you'll find, if you hang up your glath near the theelin, and then let it thtand for a time on the ground, it'll vathy from fifteen to twenty degreeth! Vethy good. And egthactly the same ith it vith the philothophy of thmoke, ven a room ith full of it. Near the theelin you can't breathe; it would thuffocate the devil: but near the floor you'll find freth air, upon vitch the thmoke theemth to thwim."

"There's a good deal in what you say, no doubt," said Judkins, "but if the smoke will if it can have fresh air, why don't it go down where the fresh air is?"

"Tho it would, if there voth enough of it! But it beginth at the top: it vill, as I thaid, keep up if it can, and itth vethy theldom found that a room ith tho full that thereth no fresh air at all below. The freth air trieth to forth the thmoke out!—if it can, it vill: if it can't, it can't. Nevertheleth, alvath ven a room ith full of thmoke—you know vot I mean by thaying full?—I don't, you know, mean philothophically full—alwayth crawl handth and kneeth upon the floor."

"Well, I dare say you're right about that," said Judkins; "and if you are it's a thing worth knowing."

"I know that I'm right," returned Chokes; "I know by ecthperienth, and ecthperienth teatheth vunderth. I've thaved in my time many a baby in that vay. In the cathe of a houthe on fire, ven I've found a


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4 "More attractive to most readers, however, will be the 'Æschylus' which Mr Reginald S. Copleston has contributed to Mr Collins's excellent series. The result is a really delightful little volume."—The Examiner.

"The Author with whom Mr Copleston has here to deal exemplifies the advantage of the method which has been used in this series. Mr Copleston has apprehended this main principle, as we take it to be, of his work has worked it out with skill and care, and has given to the public a volume which fulfils its intention as perfectly as any of the series."—Spectator.

The following Authors, by various contributors, are in preparation:—

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Rh "Such a volume cannot fail to enhance the reputation of this promising series, and deserves the perusal of the most devoted Latinists, not less than of the English readers for whom it is designed."—Contemporary Review.

"It would be difficult to describe the 'Æneid' better than it is done here, and still more difficult to find three more delightful works than the 'Iliad,' the 'Odyssey,' and the ' Virgil ' of Mr Collins."—Standard.

"Though we have neither quoted it, nor made use of it, we have no hesitation in saying that the reader, who is wholly, or for the most part, unable to appreciate Horace untranslated, may, with the insight he gains from the lively, bright, and, for its size, exhaustive little volume to which we refer, account himself hereafter familiar with the many-sided charms of the Venusian, and able to enjoy allusions to his life and works which would otherwise have been a sealed book to him."—Quarterly Review.

"We wish, after closing his book, to be able to read it again for the first time; it is suited to every occasion; a pleasant travelling companion; welcome in the library where Horace himself may be consulted; welcome also in the intervals of business, or when leisure is abundant."—Edinburgh Review.

"In our judgment, no volume (of the series) hitherto has come up to the singular excellence of that now under consideration. The secret of this is that its author so completely puts himself in Horace's place, scans the phases of his life with such an insight into the poet's character and motives, and leaves on the reader's mind so little of an impression that he is following the attempts of a mere modern to realise the feelings and expressions of an ancient. Real genius is a freemasonry, by which the touch of one hand transmits its secret to another; and a capital proof ofthis is to be found in the skill, tact, and fellow-feeling with which Mr Martin has executed a task, the merit and value of which is quite out of proportion to the size and pretensions of his volume."—Saturday Review.

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4 (quoting Griffin’s Case, 11 F. Cas. 7, 26 (No. 5,815) (CC Va. 1869) (Chase, Circuit Justice)). These musings are as inadequately supported as they are gratuitous.

To start, nothing in Section 3’s text supports the majority’s view of how federal disqualification efforts must operate. Section 3 states simply that “[n]o person shall” hold certain positions and offices if they are oathbreaking insurrectionists. Amdt. 14. Nothing in that unequivocal bar suggests that implementing legislation enacted under Section 5 is “critical” (or, for that matter, what that word means in this context). In fact, the text cuts the opposite way. Section 3 provides that when an oathbreaking insurrectionist is disqualified, “Congress may by a vote of two-thirds of each House, remove such disability.” It is hard to understand why the Constitution would require a congressional supermajority to remove a disqualification if a simple majority could nullify Section 3’s operation by repealing or declining to pass implementing legislation. Even petitioner’s lawyer acknowledged the “tension” in Section 3 that the majority’s view creates. See Tr. of Oral Arg. 31.

Similarly, nothing else in the rest of the Fourteenth Amendment supports the majority’s view. Section 5 gives Congress the “power to enforce [the Amendment] by appropriate legislation.” Remedial legislation of any kind, however, is not required. All the Reconstruction Amendments (including the due process and equal protection guarantees and prohibition of slavery) “are self-executing,” meaning that they do not depend on legislation. City of Boerne v. Flores, 521 U. S. 507, 524 (1997); see Civil Rights Cases, 109 U. S. 3, 20 (1883). Similarly, other constitutional rules of disqualification, like the two-term limit on the Presidency, do not require implementing legislation. See, e.g., Art. II, §1, cl. 5 (Presidential Qualifications); Amdt. 22 (Presidential Term Limits). Nor does the majority suggest otherwise.

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68 "You see, now, one might as well set a blind man free."

"I have a carriage, and will take him wherever he wishes."

"You have an answer for everything. François, tell Monsieur le Major to go and open the cell of Monsieur Seldon, No. 3, Bertaudiere."

"Seldon!" exclaimed Aramis very naturally. "You said Seldon, I think?"

"I said Seldon, of course. ’Tis the name of the man they set free."

"Oh! you mean to say Marchiali?" said Aramis.

"Marchiali? Oh! yes, indeed. No, no; Seldon."

"I think you are making a mistake. Monsieur Baisemeaux."

"I have read the order."

"And I, also."

"And I saw 'Seldon' in letters as large as that," and Baisemeaux held up his finger.

"And I read 'Marchiali,' in characters as large as this," said Aramis, also holding up two fingers.

"To the proof; let us throw a light on the matter," said Baisemeaux, confident he was right. "There is the paper, you have only to read it."

"I read 'Marchiali,'" returned Aramis, spreading out the paper. "Look."

Baisemeaux looked, and his arms dropped suddenly,

"Yes, yes," he said, quite overwhelmed; "yes, Marchiali. "’Tis plainly written Marchiali! Quite true!"

"Ah!"

"How! the man of whom we have talked so much? The man whom they are every day telling me to take such care of?"

"There is 'Marchiali,'" repeated the inflexible Aramis.

"I must own it, monseigneur. But I understand nothing about it."

"You believe your eyes, at any rate."

"To tell me very plainly there is 'Marchiali.'"

"And in a good handwriting, too."

"’Tis a wonder! I still see this order and the name of Seldon, Irishman. I see it. Ah! I even recollect that under this name there was a blot of ink."

"No, there is no ink; no, there is no blot."

"Oh! but there was, though; I know it, because I rubbed the powder that was over the blot."

"In a word, be it how it may, dear Monsieur Baisemeaux," said Aramis, "and whatever you may have seen, the order is signed to release Marchiali, blot or no blot."

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Rh It simply creates a special rule for the insurrection disability in Section 3.

The majority is left with next to no support for its requirement that a Section 3 disqualification can occur only pursuant to legislation enacted for that purpose. It cites Griffin’s Case, but that is a nonprecedential, lower court opinion by a single Justice in his capacity as a circuit judge. See (quoting 11 F. Cas., at 26). Once again, even petitioner’s lawyer distanced himself from fully embracing this case as probative of Section 3’s meaning. See Tr. of Oral Arg. 35–36. The majority also cites Senator Trumbull’s statements that Section 3 “ ‘provide[d] no means for enforcing’ ” itself. (quoting Cong. Globe, 41st Cong., 1st Sess., 626 (1869)). The majority, however, neglects to mention the Senator’s view that “[i]t is the [F]ourteenth [A]mendment that prevents a person from holding office,” with the proposed legislation simply “affor[ding] a more efficient and speedy remedy” for effecting the disqualification. Cong. Globe, 41st Cong., 1st Sess., at 626–627.

Ultimately, under the guise of providing a more “complete explanation for the judgment,”, the majority resolves many unsettled questions about Section 3. It forecloses judicial enforcement of that provision, such as might occur when a party is prosecuted by an insurrectionist and raises a defense on that score. The majority further holds that any legislation to enforce this provision must prescribe certain procedures “ ‘tailor[ed]’ ” to Section 3,, ruling out enforcement under general federal statutes requiring the government to comply with the law. By resolving these and other questions, the majority attempts to insulate all alleged insurrectionists from future challenges to their holding federal office.

“What it does today, the Court should have left undone.”

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 off the edge of his grief; nine hundred and ninety-nine years, however, elapsed ere the wound in his heart was completely healed. At length, one day, when Rubezahl felt peculiarly hippish, a certain frolicksome sprite, who filled the post of court-buffoon to his subterranean highness, suggested a trip to the Giant Mountains, and the suggestion was forthwith adopted. In less than one minute the immense journey was accomplished, and Rubezahl stood upon the great grass plot of his erewhile garden, the which, with its palace and appurtenances, by a single act of his will, he reintegrated in all its pristine beauty; yet nought was visible to mortal eyes, the travellers who passed over the mountains seeing only a dreary wilderness. This scene of his former love, so delightful to Rubezahl when graced by the presence of the lovely Emma, made a deep impression upon him: it seemed to him but as yesterday that his mistress had deceived him; her charms were as present to his imagination as when she then walked by his side. The memory of his wrongs, thus recalled to his feelings, revived in all its bitterness the hatred he had sworn against the whole human race. “Vile earth-worms!” cried he, as he looked around him, and saw from the mountain height the towers of churches and convents, and castles and cities; “you continue, then, to flourish down there in the valley. You’ve plagued me more than enough with your


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6 Bush v. Gore, 531 U. S. 98, 158 (2000) (Breyer, J., dissenting). The Court today needed to resolve only a single question: whether an individual State may keep a Presidential candidate found to have engaged in insurrection off its ballot. The majority resolves much more than the case before us. Although federal enforcement of Section 3 is in no way at issue, the majority announces novel rules for how that enforcement must operate. It reaches out to decide Section 3 questions not before us, and to foreclose future efforts to disqualify a Presidential candidate under that provision. In a sensitive case crying out for judicial restraint, it abandons that course.

Section 3 serves an important, though rarely needed, role in our democracy. The American people have the power to vote for and elect candidates for national office, and that is a great and glorious thing. The men who drafted and ratified the Fourteenth Amendment, however, had witnessed an “insurrection [and] rebellion” to defend slavery. §3. They wanted to ensure that those who had participated in that insurrection, and in possible future insurrections, could not return to prominent roles. Today, the majority goes beyond the necessities of this case to limit how Section 3 can bar an oathbreaking insurrectionist from becoming President. Although we agree that Colorado cannot enforce Section 3, we protest the majority’s effort to use this case to define the limits of federal enforcement of that provision. Because we would decide only the issue before us, we concur only in the judgment.

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text: Trump v. Anderson

title: Trump v. Anderson


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Rh "The order is signed to release Marchiali," replied Baisemeaux mechanically, endeavoring to regain his courage.

"And you are going to release this prisoner. If your heart dictates to you to deliver Seldon also, I declare to you I will not oppose it the least in the world."

Aramis accompanied this remark with a smile, the irony of which effectually dispelled Baisemeaux's confusion of mind, and restored his courage.

"Mouseigneur," he said, "this Marchiali is the very same prisoner whom the other day a priest, confessor of our order, came to visit in so imperious and so secret a manner."

"I don't know that, monsieur," replied the bishop.

"’Tis no such long time ago, dear Monsieur d'Herblay."

"It is true. But with us, monsieur, it is good that the man of to-day should no longer know what the man of yesterday did."

"In any case," said Baisemeaux, "the visit of the Jesuit confessor must have given happiness to this man."

Aramis made no reply, but recommenced eating and drinking. As for Baisemeaux, no longer touching anything that was on the table, he again took up the order and examined it in every way. This investigation, under ordinary circumstances, would have made the ears of the impatient Aramis burn with anger; but the bishop of Vannes did not become incensed for so little, above all, when he had murmured to himself that to do so was dangerous.

"Are you going to release Marchiali?" he said. "What mellow and fragrant sherry this is, my dear governor."

"Monseigneur," replied Baisemeaux, "I shall release the prisoner Marchiali when I have summoned the courier who brought the order, and, above all, when, by interrogating him, I have satisfied myself."

"The order is sealed, and the courier is ignorant of the contents. What do you want to satisfy yourself about?"

"Be it so, monseigneur; but I shall send to the ministry, and Monsieur de Lyonne will either confirm or withdraw the order."

'What is the good of all that?" asked Aramis coldly.

"What good?"

"Yes; what is your object, I ask?"

"The object of never deceiving one's self, monseigneur; nor being wanting in the respect which a subaltern owes to his superior officers, nor infringing the duties of that service which one has voluntarily accepted."

"Very good; you have just spoken so eloquently that I

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text: Trump v. Anderson/Opinion of the Court

title: Trump v. Anderson/Opinion of the Court


text: Trump v. Anderson/Opinion of Justice Barrett


text: Trump v. Anderson/Opinion of Justices Sotomayor, Kagan, and Jackson


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70 cannot but admire you. It is true that a subaltern owes respect to his superiors; he is guilty when he deceives himself, and he should be punished if he infringe either the duties or laws of his office."

Baisemeaux looked at the bishop with astonishment.

"It follows," pursued Aramis, "that you are going to ask advice, to put your conscience at ease in the matter?"

"Yes, monseigneur."

"And if a superior officer gives you orders, you will obey?"

"Never doubt it, monseigneur."

"You know the king's signature well. Monsieur de Baisemeaux?"

"Yes, monseigneur."

"Is it not on this order of release?"

"It is true, but it may"

"Be forged, you mean?"

"That is evident, monseigneur."

"You are right. And that of Monsieur de Lyonne?"

"I see it plain enough on the order; but for the same reason that the king's signature may have been forged, so also, even more likely, may Monsieur de Lyonne's."

"Your logic has the stride of a giant. Monsieur de Baisemeaux," said Aramis; "and your reasoning is irresistible. But on what special grounds do you base your idea that these signatures are false?"

"On this: the absence of counter-signatures. Nothing checks his majesty's signature; and Monsieur de Lyonne is not there to tell me he has signed."

"Well, Monsieur de Baisemeaux," said Aramis, bending an eagle glance on the governor, "I adopt so frankly your doubts, and your mode of clearing them up, that I will take a pen if you will give me one."

Baisemeaux gave him a pen.

"And a sheet of white paper," added Aramis.

Baisemeaux handed some paper.

"Now, I—I, also—I, here present—incontestably, I—am going to write an order to which I am certain you will give credence, incredulous as you are."

Baisemeaux turned pale at this icy assurance of manner. It seemed to him that that voice of the bishop's, but just now so playful and so gay, had become funereal and sad; that the wax-lights changed into the tapers of a mortuary chapel, and the glasses of wine into chalices of blood.

Aramis took a pen, and wrote. Baisemeaux, in terror, read over his shoulder.

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Rh "A. M. D. G.," wrote the bishop; and he drew a cross under these four letters, which signify ad majorem Dei gloriam, "to the greater glory of God;" and thus he continued, "It is our pleasure that the order brought to Monsieur de Baisemeaux de Montlezun, governor, for the king, of the castle of the Bastile, be held by him good and effectual, and be immediately carried into operation.

Baisemeaux was so profoundly astonished that his features remained contracted, his lips parted, and his eyes fixed. He did not move an inch, nor articulate a sound. Nothing could be heard in that large chamber but the buzzing of a little moth, which was fluttering about the candles. Aramis, without even deigning to look at the man whom he had reduced to so miserable a condition, drew from his pocket a small case of black wax; he sealed the letter, and stamped it with a seal suspended at his breast, beneath his doublet, and when the operation was concluded, presented—still in silence—the missive to M. de Baisemeaux. The latter, whose hands trembled in a manner to excite pity, turned a dull and meaningless gaze upon the letter. A last gleam of feeling played over his features, and he fell, as if thunderstruck, on a chair.

"Come, come, said Aramis, after a long silence, during which the governor of the Bastile had slowly recovered his senses, "do not lead me to believe, dear Baisemeaux, that the presence of the general of the order is as terrible as His, and that men die merely from having seen Him. Take courage, rouse yourself; give me your hand, and obey."

Baisemeaux, reassured if not satisfied, obeyed, kissed Aramis' hand, and rose.

"Immediately?" he murmured.

"Oh, there is no pressing haste, my host; take your place again, and do the honors over this beautiful dessert."

"Monseigneur, I shall never recover such a shock as this; I, who have laughed, who have jested with you! I, who have dared to treat you on a footing of equality!"

"Say nothing about it, old comrade," replied the bishop, who perceived how strained the cord was, and how dangerous it would have been to break it; "say nothing about it. Let us each live in our own way; to you, my protection and my friendship; to me, your obedience. Having exactly fulfilled these two requirements, let us live happily."

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