Procrustes Stretched
Dante's Manifesto
The court addressed the clause:
You people always make me laugh. Reminds me of CJ Roberts' ruling on the 'shared responsibility payment' where Roberts says the payment functions as a tax for constitutional purposes. He cited precedents for fines and penalties, functioning as a tax, while not exactly being taxes. None of those precedents, or the ppaca were rewritten by the Court. The IRS was not able to use it's usual tax enforcement rules on the payment issue.
From the ruling: the district court concluded, Section Three does not apply to the President. The Colorado Supreme Court ruled: Congress does not need to pass implementing legislation for Section Three’s disqualification provision to attach, and Section Three is, in that sense, self-executing.
No, it's what do you disagree with here: Your argument is with the ruling:
The Electors and President Trump sought this court’s review of various
rulings by the district court. We affirm in part and reverse in part. We hold as
follows:
• The Election Code allows the Electors to challenge President Trump’s
status as a qualified candidate based on Section Three. Indeed, the
Election Code provides the Electors their only viable means of litigating
whether President Trump is disqualified from holding office under
Section Three.
• Congress does not need to pass implementing legislation for Section
Three’s disqualification provision to attach, and Section Three is, in that
sense, self-executing.
• Judicial review of President Trump’s eligibility for office under Section
Three is not precluded by the political question doctrine.
• Section Three encompasses the office of the Presidency and someone
who has taken an oath as President. On this point, the district court
committed reversible error.
• The district court did not abuse its discretion in admitting portions of
Congress’s January 6 Report into evidence at trial.
• The district court did not err in concluding that the events at the U.S.
Capitol on January 6, 2021, constituted an “insurrection.”
• The district court did not err in concluding that President Trump
“engaged in” that insurrection through his personal actions.
• President Trump’s speech inciting the crowd that breached the U.S.
Capitol on January 6, 2021, was not protected by the First Amendment.
The sum of these parts is this: President Trump is disqualified from holding
the office of President under Section Three; because he is disqualified, it would be
a wrongful act under the Election Code for the Secretary to list him as a candidate
on the presidential primary ballot.
We do not reach these conclusions lightly.
