Wednesday 20 December 2023

XIV Amendment: You Judge For Yourself.

The text of Section 3 is as follows:

Section 3.

"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." [Emphasis added.]


The Colorado Supreme Court has disqualified Trump from the 2024 ballot. It was a 4-3 split decision. I have to say that, IMHO, the court erred in law. On my best day, I absolutely loathe Trump, but this ruling is based on the law. Notice how Second 3 speaks of President and Vice President, but does not specifically enumerate those offices as being covered by Section 3. That's point one. 


Follow up this statement with reading out of those two offices: notice how the section specifically enumerates an executive of any state. Given that the President is the Chief Executive of the United States, one would have thought that lawmakers would have specifically enumerated the Chief Executive and the Vice President, the second-highest Executive Officer. But quite clearly, they did not.


As a result, it's my contention that the SCOTUS will likely reverse this judgment. Treason is pretty much at the top of the pecking order, as is insurrection, so both are more than likely covered by High Crimes and Misdemeanours. However, as such, one would think that each political office would be specifically enumerated. The Colorado justices believe that they are not limited to those mentioned in Section 3.  I have my doubts about that.


How do you see it? 


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