That’s not what PP wrote. President isn’t included in the “officers” specified in the wording. See Robert’s previous ruling. |
Yeah, that's nonsense. Colorado already ridiculed that. And it basically means that rich folks like Trump are above the law. |
Colorado is about to get smacked down by SCOTUS because they are flat out wrong on this. The president was included in previous drafts of the amendment and was then removed. |
It is a patently absurd position to state that the provision applies to every officer EXCEPT the POTUS. He takes an oath just like the rest of them. And, if anything, it should apply to him/her the most, as the most powerful position in government. |
Maybe the drafters decided it was so obvious that the President was included that they didn’t need to spell it out. That it was redundant. That if you specify one position do then need to list all the other positions? I’m not convinced they removed president because they actually thought the president should be immune from the consequences of their insurrectionist actions. |
The president is included.
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, 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. But Congress may by a vote of two-thirds of each House, remove such disability. |
In fact, during the debates on the amendment, a senator asked this question and the sponsor said it obviously included the president. |
“It's also worth noting that there was just a single reference in the Senate debate to the fact that the president and vice president were not explicitly mentioned in Howard's draft as "officer(s) of the United States," the way members of Congress and state officials had been itemized in the text. Would the disqualification clause of the amendment not cover the top posts in the executive branch? "Why did you omit to exclude them?" asked Maryland Democratic Sen. Reverdy Johnson. Maine's Lot Morrill jumped in to clarify. "Let me call the Senator's attention to the words 'or hold any office, civil or military, under the United States,'" Morrill said, ending the discussion on that point.“ https://abcnews.go.com/Politics/framers-14th-amendments-disqualification-clause-analysis/story?id=105996364 |
There was a trial where the court determined that Trump engaged in insurrection within the meaning of the 14th Amendment. Your demand for a criminal trial or whatever requirements you're trying to read into the document simply don't exist in the Constitution. |
The argument that the office of President isn't a federal office is a tough one to make. |
"Smacked down." Do you hear yourself? I have no doubt that the Republican partisans on the Supreme Court will, notwithstanding their self-promotion as "textualists" will find a way to ignore the text of the 14th Amendment. But that doesn't mean they are "smacking down" the solid reasoning of the Colorado Supreme Court. Just that they have power and will use it for partisan ends. |
The idea that the drafters of the 14th Amendment thought Jefferson Davis was excluded from every federal office EXCEPT President is moronic. |
It makes *complete* sense that the president would be excluded. The people vote directly and have the final say. |
I think Colorado’s case is so weak that it won’t be only the conservatives voting to smack them down. That’s my point. |