I mean come on! Like, sure ok then, please go on ahead.
this post was submitted on 20 Dec 2023
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For all those other non-Americans like me who are not completely up to date on this:
Trump was barred by the Colorado Supreme Court from appearing in the Republican primary in the state because of his role in the January 6 insurrection, reversing a previous decision by a lower court that ruled that while Trump did engage in insurrection, he's technically not an "officer of the United States", which apparently makes insurrection OK. This will almost certainly go to the US Supreme Court which appears likely to overturn it, given some of their previous decisions and the fact that it contains 3 Trump appointees. Colorado is a solidly Democratic state which is very likely to go to Biden anyway, but the decision still seems quite important, given that this is the first time something like this has happened.
Trump's campaign called the decision "undemocratic", Biden's campaign declined to comment.
SCOTUS would have to rule that States can not hold their own elections which would violate the Consitution. Odds are they won't hear the case.
Can't they just reinterpret the insurrection clause? That has no besring on states holding their own elections.
Most clauses are pretty legalize, but Congress wrote the 14th Amendment in plain English.
And amendments supercede all preceding verbiage in the constitution. The only way out of being disqualified by the 14th is to have congress vote on it as provided for in the amendment.
I agree with your sentiment, it seems like clear language to me. Unfortunately a lower court in Colorado had already interpreted the presidency as not "being an officer of the United States". SCOTUS could easily just uphold that previous ruling while not weighing into a states election laws. (I think IANAL)
I disagree slightly. It doesn't specify that the president is included under "officers", but that would be the most reasonable interpretation by far.
There's no way, when it was written, they were leaving a loophole for Jefferson Davis to run for president!