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TRUMP v. ANDERSON

Per Curiam

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.

B

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