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Reply to "Colorado case. To keep Trump off ballot"
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[quote=Anonymous][quote=Anonymous][b]If the Supreme Court says that the office of President isn't an "office" [/b]or that attempting to violently overthrow the United States government isn't an "insurrection," then the state courts are probably stuck with the Supreme Court's Humpty-Dumpty definitions. But, if they didn't weigh in on the subject and then Trump were to win the national Republican primary, he'd still likely be off the ballot in Colorado. (Someone would bring a similar challenge with respect to the general election and the courts would follow the same path.) Part of our federalist structure is seen in state-level ballot access procedures. [/quote] They cannot do that. Article II of the Constitution explicitly states: [quote]The executive Power shall be vested in a President of the United States of America. [b]He shall hold his Office during the Term of four Years[/b], and, together with the Vice President, chosen for the same Term, be elected, as follows:[/quote] [quote][b]In Case of the Removal of the President from Office[/b], or of his Death, Resignation, or Inability to discharge[b] the Powers and Duties of the said Office[/b], the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.[/quote] How can strict constitutionalists deny that the second Article explicitly calls it the Office of the President? That would be ridiculous when it was plain and explicit for all to see. Also, the 14th amendment, section 3 says: [quote][b]Section 3 Disqualification from Holding Office[/b] No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, [b]or hold any office, civil or military, under the United States[/b], 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.[/quote] It is pretty clear here that the 14th amendment meant to include the office of the President, as was defined in Article II.[/quote]
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