Are Democrats saving democracy by eliminating the Constitution?
Where in Section 3 does it identify the president or VP as subject to the Fourteenth Amendment? I see lots of references to people in the military, electors, members of Congress or a state's legislature but I don't see president or VP mentioned.
That's just the tip of the constitutional iceberg. This CBS Colorado article quotes the 3 dissenting justices who disagreed with Colorado's majority opinion. In his dissent, Justice Carlos Samour wrote "Our government cannot deprive someone of the right to hold public office without due process of law. Even if we are convinced that a candidate committed horrible acts in the past — dare I say, engaged in insurrection — there must be procedural due process before we can declare that individual disqualified from holding public office."
Chief Justice Brian Boatright wrote "the case presents 'uniquely complex questions' that are outside the scope of the Colorado Supreme Court."
Noah Bookbinder, president of Citizens for Responsibility and Ethics in Washington, said this:
"The court's decision today affirms what our clients alleged in this lawsuit: that Donald Trump is an insurrectionist who disqualified himself from office under Section 3 of the 14th Amendment based on his role in the January 6th attack on the Capitol, and that Secretary Griswold must keep him off of Colorado's primary ballot. It is not only historic and justified, but is necessary to protect the future of democracy in our country."What the Constitution doesn't say is infinitely more important. The Constitution doesn't say that people can be kicked off the ballot for crimes they didn't commit. Further, the Constitution doesn't say that a candidate can be kicked off the ballot for committing a crime he hasn't been charged with. In this instance, Trump wasn't indicted with insurrection. How can he be guilty of insurrection? What proof was presented at trial that Trump had "given aid or comfort to the enemies" of the U.S.?" What was the nature of that aid? If that basic information can't be identified, then these rulings are illegitimate. Bill Barr raises the biggest questions that haven't been adjudicated yet: Was there an insurrection? That's for a federal court to determine. Trump's trial hasn't even started so the answer to that question is no. The other question cited by Barr is what was Trump's role in that insurrection if it's determined that an insurrection has happened? The insurrection charges, BTW, are criminal charges. Kicking Trump off the Colorado ballot is a civil matter."Our Constitution clearly states that those who violate their oath by attacking our democracy are barred from serving in government. It has been an honor to represent the petitioners, and we look forward to ensuring that this vitally important ruling stands."
These rulings are suspicious at best. Determining whether a federal crime had been committed isn't within the Colorado Supreme Court's jurisdiction.
DIn this instance, Democrats went outside their jurisdiction in an attempt to pervert our system of a constitutional republic. Democrats insisted that a federal crime should be tried in a state court for purely partisan motives.
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