Election Interference: Here are the Four Colorado Justices Who Voted to Exclude Donald Trump from the 2024 Ballot

/-----/ The Colorado Court, however, erred by finding that the constitutional provision applies to a former president as someone who allegedly participated in a rebellion. It also mistakenly held that the 14th Amendment prohibits any former rebels from running for president. The Justices of the U.S. Supreme Court can follow the clear text, structure, and history of the U.S. Constitution, and find Trump eligible to be elected president.
The Colorado Supreme Court has clearly erred, however, in finding that this clause applied to former presidents. Section 3 lists that disqualification from future office will apply to anyone who had engaged in insurrection or rebellion against the United States who had been: a) "a member of Congress"; b) "an officer of the United States"; or c) a state official. The constitutional text, as interpreted by the Supreme Court, carefully distinguishes between "an officer of the United States" – which covers cabinet officers and those below them – and the president of the United States.

The examples where the Constitution distinguishes between the president and an "Officer of the United States" are legion. You need look only at the text of Section 3 itself. It bars insurrectionists from serving as "elector of President and Vice-President."

Full analysis here:
What Colorado's Supreme Court refuses to understand about Trump and the 14th Amendment
Most courts would agree that the President HOLDING OFFICE… is an officer of the Federal government
 
I would tend to agree with this.

The entire domain of "war" belongs to the Congress, judges have nothing to do with it.

But, we'll see what the SCOTUS says.
Section 3 of the 14 th amendment is pretty clear
 
Most courts would agree that the President HOLDING OFFICE… is an officer of the Federal government

Officers are appointed. Presidents are elected.
You are correct Robert.
Article II, Section 2, Clause 2:

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

Supreme Court case law concerning which individuals in the federal government constitute Officers of the United States—and thus must be appointed pursuant to the requirements of the Appointments Clause—has been relatively sparse over the course of the Nation’s
 
:auiqs.jpg:

This is the problem with staying ignorant and refusing to watch the January 6th committee that FOX refused to broadcast.
That “committee” that destroyed their fabricated “evidence” so it couldn’t be examined? Nobody with a double digit IQ believes anything that bunch of liars presented.
 

Forum List

Back
Top