The Colorado Supreme Court is removing former President Donald Trump from the primary ballot, saying he is ineligible to be president.
In a stunning and unprecedented decision, the Colorado Supreme Court removed former President Donald Trump from the state’s 2024 ballot, ruling that he isn’t an eligible presidential candidate because of the 14th Amendment’s “insurrectionist ban.”
“Even when the siege on the Capitol was fully underway, he continued to support it by repeatedly demanding that Vice President (Mike) Pence refuse to perform his constitutional duty and by calling Senators to persuade them to stop the counting of electoral votes.
“President Trump’s direct and express efforts, over several months, exhorting his supporters to march to the Capitol to prevent what he falsely characterized as an alleged fraud on the people of this country were indisputably overt and voluntary.”
Ratified after the Civil War, the 14th Amendment says officials who take an oath to support the Constitution are banned from future office if they “engaged in insurrection.” But the wording is vague, it doesn’t explicitly mention the presidency, and has only been applied twice since 1919.
We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits,” Trump campaign spokesperson Steven Cheung said in a statement.
Chief Justice Brian Boatright, one of the three dissenters on the seven-member court, wrote that he believes Colorado election law “was not enacted to decide whether a candidate engaged in insurrection,” and said he would have dismissed the challenge to Trump’s eligibility.
LINKS
AP: Colorado Supreme Court bans Trump from the state’s ballot under Constitution’s insurrection clause | @negativenull@startrek.website
Washington Post: Donald Trump is barred from Colorado’s 2024 primary ballot, the state Supreme Court rules | @silence7@slrpnk.net
CNBC: Colorado Supreme Court disqualifies Trump from 2024 ballot, pauses ruling to allow appeal | @return2ozma
NBC News: Colorado Supreme Court kicks Donald Trump off the state's 2024 ballot for violating the U.S. Constitution. | 18-24-61-B-17-17-4
CNN: Colorado Supreme Court removes Trump from 2024 ballot | A Phlaming Phoenix
CNN:Colorado Supreme Court removes Trump from 2024 ballot based on 14th Amendment’s ‘insurrectionist ban’ | @Boddhisatva
New York Times: Trump Is Disqualified From the 2024 Ballot, Colorado Supreme Court Rules | @silence7@slrpnk.net
The 14th Amendment Section 3 is self executing as it is about eligibility. Same as the age restriction and having to be a born in the United States.
Please list all other "self executing" clauses.
Then explain how this one is unique.
Edit: From Wikipedia (yes, I know),
Section 3 does not specify how it is to be invoked, but Section 5 says Congress has enforcement power. Accordingly, Congress enforced Section 3 by enacting Sections 14 and 15 of the Enforcement Act of 1870, the pertinent portion of which was repealed in 1948; there is still a current federal statute (18 U.S.C. § 2383) that was initially part of the Confiscation Act of 1862 (and revised in 1948), disqualifying insurrectionists from federal office.[194] Moreover, each house of Congress can expel or exclude members for insurrection or other reasons, although it is uncertain whether more votes may be required to expel than to exclude.[195][196][197] A further way that Congress can enforce Section 3 is via impeachment, and even prior to the adoption of the Fourteenth Amendment Congress impeached and disqualified federal judge West Humphreys for insurrection.
Section 3 in NOT self executing, it is up to Congress. Trump was impeached and not convicted. Full stop. The judges that voted for this should themselves be impeached.
Eligibility clauses are self executing. Donald, did you aid or support a insurrection? Yes, then not eligible.