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re: Wednesday or other SCOTUS experts, is this a trap?
Posted on 12/20/23 at 8:05 am to Dday63
Posted on 12/20/23 at 8:05 am to Dday63
quote:
This is about being qualified to run under the Constitution. This is not Colorado making up its own rules.
The 14th Amendment has added a qualification to running for State and Federal offices. That qualification is essentially not violating an oath you took by engaging in insurrection.
There is an open legal question whether this additional qualification applies to former Presidents and people seeking the office of President, but Colorado has interpreted the Amendment as including Trump.
If Arnold Schwarzenegger applied to be on the CO ballot, the SOS would be right to leave him off the ballot since he was not born in the US. If she planned to include him on the ballot, then the CO courts would need to get involved.
One can certainly argue whether this Constitutional provision applies to POTUS, and whether Trump engaged in insurrection.
But one cannot really argue whether CO should enforce the Constitutionally mandated qualifications for office.
The 14th says "or given aid or comfort to the enemies thereof."
Would this apply to any members of Congress who has or will give aid to a terrorist organization who is an enemy of the U.S. like Hamas?
This post was edited on 12/20/23 at 8:06 am
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