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Colorado Supreme Court rules! According to the 14th Amendment, Trump is ineligible to be on the ballot! 😀

[reuters.com]

Amendment XIV, 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."

Flyingsaucesir 8 Dec 20
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Will the 14th Amendment suvive in SCOTUS?

Well, it is what it is. The Court can't unilaterally change the Constitution.

Some criteria that must be met if the the 14th is to apply:

  1. Is a president an officer of the USA?
    It seems pretty obvious that the answer is yes, though Trump's lawyers have argued the opposite.

  2. Do US presidents take an oath to support the Constitution?
    Trump's lawyers have argued that they do not; they don't equate "uphold" and "defend" with support. It's pretty weak semantic argument.

  3. Was the riot at the Capitol that Trump incited on 1/6/21 an insurrection?
    We now know that Trump and his minions took many steps in furtherance of a plan to stop the certification of Electoral College votes, the violent attack being the last of these. Not only did Trump direct the armed mob to the Capitol, but he also watched the unfolding melee on TV and did absolutely nothing to stop it. Instead, he Tweeted out words the he knew would enrage the crowd even more.

In deciding the issue the Colorado courts provided Trump due process. His lawyers were able to argue and make motions before the court. The testimony of many witnesses was heard. Hundreds of pieces of evidence were examined. The Court considered the facts and deliberated before reaching a decision. Then a second, higher court reviewed the decision before confirming it.

The 14th Amendment does NOT require conviction at trial to disqualify someone's candidacy for public office. Disqualification is not a punishment; it is default condition to be recognized given a certain finding of fact. That's why an override provision was included. Congress may override the default condition by a two-thirds majority vote in both houses.

But now it goes to the US Supreme Court and what're the chances they'll uphold the ruling? Slim to none, I suspect.

@TheoryNumber3 It seems to me they will have no choice but to uphold the Colorado courts. To do otherwise would be blatantly unconstitutional. If they really can't bring themselves to rule on the merits, then they might try stalling until the question becomes moot. But I think they will rule, and will do it sooner rather than later.

@Flyingsaucesir They might not even take it up. IF they don't resolve it by Jan 4, Trump will not be on the Colorado primary ballot.

@MyTVC15 That's right; if SCOTUS declines to hear a case, they are saying they agree with the lower court's ruling.

@Flyingsaucesir I hope you're right, but since when do they worry about being constitutional? they wriggle around it like the worms they are.

@TheoryNumber3 Well, in the Constitution there is nothing explicitly said about abortion, or a right to privacy. But the 14th Amendment is very explicit on the
disqualification of insurrectionists.

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