Lesh
Diamond Member
- Dec 21, 2016
- 70,055
- 34,994
Most courts would agree that the President HOLDING OFFICE… is an officer of the Federal government/-----/ 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