The State of Colorado, most recently, debated the issue of whether or not Donald Trump was disqualified from being on the ballot in that state for the 2024 presidential election due to a violation of the 14th Amendment to the Constitution of the United States.
Here's the applicable Section 3 of that amendment:
"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."
The wording of this section makes pertinent the exact oath Trump and others have taken on assuming the Presidency, so let's see the exact wording of that oath:
"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
Colorado District Court Judge Sarah Wallace ruled that, while Trump did "incite an insurrection" and "had a history of inciting violence," and that, while the 14th amendment prohibited anyone holding a government "office" who incited insurrection from holding office again, that wording did not "specifically mention a President."
Two other states have already dealt with this issue and others will do so soon.
Minnesota decided that their Secretary of State "did not have the authority" to keep Trump off the ballot, while Michigan ruled that the 14th amendment "did not apply to primary elections."
So far, states have discovered obscure loopholes to keep Trump on the ballot.
Some state judge may decide otherwise and the issue will go before the largely Trump-appointed U.S. Supreme Court, who will likely choose one of the loopholes to allow Trump on the ballot or come up with their own fresh argument to do so.
Wow, so you believe the authors of the amendment, just accidently left president out of the list. They left it vague on purpose for the courts to decide.
ReplyDeleteMy personal belief is that the authors of the 14th Amendment wanted no insurrectionists in any office, certainly including the presidency.
ReplyDelete