![]() That is because he interprets Section 3 to apply to appointed officials not elected ones, when the text references officers of the United States, according to the New York Times. Other scholars, like Steven Calabresi, founder of the conservative legal group known as the Federalist Society, initially agreed with their research though he later changed his mind. Two leading legal scholars, William Baude and Michael Stokes Paulsen, released a 126-page report this year finding that the 14th Amendment does disqualify Trump from office. A report by the Congressional Research Service adds that while judgeships are not directly mentioned in Section 3, the bar has historically been applied to them. Legal experts have been mixed about whether Section 3 applies to the presidency because it is not one of the positions explicitly stated in the 14th Amendment.īut the section says it applies “to any office,” which some say includes a candidate for president. The committee recommended using the 14th Amendment to prevent people who engaged in the insurrection from being elected to office. The report said that Trump and his inner circle “engaged in at least 200 apparent acts of public or private outreach, pressure, or condemnation, targeting either State legislators or State or local election administrators, to overturn State election results.” The report also pointed to Trump repeatedly alleging that there was voter fraud without evidence and his lack of action to stop his supporters after they had converged on the Capitol. 6 Committee assembled by the House to investigate the effort to overturn the 2020 election, issued a final report that made the case that Trump was the main cause of the insurrection. They also agreed that the former president engaged in that insurrection. 6, 2021, when Trump supporters stormed the capitol while President Joe Biden’s win was being certified, constituted an insurrection. 6 relate to the 14th Amendment?īoth the district and state supreme court of Colorado found that the actions that took place on Jan. ![]() 2022, when a New Mexico County commissioner was removed from his position after his role in the Jan. This provision was most recently applied in Sept. In other words, Section 3 disqualifies people from certain positions of power if they have previously taken an oath to uphold the Constitution and engaged in an insurrection, or given some sort of aid to a U.S. Section 3 of the 14th amendment says that “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office…who, having previously taken an oath…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.” The 14th Amendment was ratified shortly after the Civil War to abolish slavery, but also included other provisions. The Colorado Supreme Court agreed that Trump engaged in an insurrection, but ruled that Section 3 of the 14th Amendment does, in fact, apply to the presidency, meaning that Trump could not appear on the ballot. The lawsuit made its way to the district court, which ruled that Trump did engage in insurrection, but that the rules in the 14th Amendment did not apply to the presidency, and that therefore Trump should remain on the presidential ballot. The six voters claimed that the former president should be ineligible under the 14th Amendment because he engaged in an act of insurrection on Jan. In September, Colorado electors filed the initial petition to remove Trump from the Republican presidential primary ballot. Why did the Colorado Supreme Court kick Trump off the ballot? ![]() Read More: How Republicans Are Reacting to the Colorado Ruling to Remove Trump From the Ballot We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.” “We are mindful of the magnitude and weight of the questions now before us. “We do not reach these conclusions lightly,” the state supreme court, whose justices were all appointed by Democratic governors, said in their filing. One of the issues under question was whether Section 3 of the 14th Amendment, which has an “insurrectionist ban,” disqualified Trump from being on the presidential primary ballot. Trump was removed from the state’s presidential primary ballot in a 4-3 vote in which justices partially overturned a previous district court’s ruling on the matter. ![]() Constitution’s insurrection clause for the presidency. The Colorado Supreme Court ruled late Tuesday that former President Donald Trump is ineligible for election in the first-ever invocation of the U.S. ![]()
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