Problem is that Trump hasn’t actually been convicted of insurrection, which is the necessary legal basis for such a ruling.
Citation needed. Maine’s Secretary of State fully addressed this exact topic. There is no language in the constitution or the amendment that says they must have been charged or convicted of insurrection and the SoS makes a pretty solid argument that she’s bound by her duties to make a call on the matter. She used the official Jan 6th hearings as an evidence-based proceeding while acknowledging that it was curated with intent and needs to be put in that context. She did stay her decision until higher courts ruled on the matter.
My gut instinct was the same as yours actually. But it’s not about my instinct, it’s about the interpretation of the law as written and the record of events of J6 when applied in that specific context.
Making an honest judgment call referencing the case law, constitution, state law, and precedent and then staying the decision to not go into effect until higher courts can rule on it is, despite my gut instinct, exactly the right call.
We all know this will end up at the Supreme Court, including the people who did their due diligence to write their best legal opinions.
Just trying to be clear before I respond, are you saying it doesn’t apply to the office of the president as the court initially ruled before it going to the Colorado Supreme Court? The Maine Secretary of State addressed that argument as if it were kind of nonsense and hinged on an interpretation of the word office inconsistent with the aim of the amendment in its context, missing the forest for the trees in terms of intent.
Is that a yes that you’re trying to use the “POTUS isn’t an office” ruling from before it was overturned? Because that one did seem absurd to me. Since the amendment was designed to prevent confederates from taking power, it was silly on its face to assume it wouldn’t apply to the president, a leap in logic and sound judgment only made possible by hyper-fixating on the word “office.” Especially when it contains a provision to remove the disqualification by a 2/3 vote, but not a provision to remove it if you win the presidency.
Sounds like you’re taking wild and unprecedented liberties with your resume acting like your backseat driver legal instincts are better than the Colorado Supreme Court’s legal decisions…people who I assume are far more educated, qualified, and experienced than you.
The amendment actually says “…engaged in ainsurrection or rebellion…” Trump did, factually speaking, engage in insurrection. The plain text of the amendment does not say anything about a criminal conviction for insurrection, and being ineligible for office holding is not a criminal penalty. Seems pretty plainly like you’re the one taking liberties to me.
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Citation needed. Maine’s Secretary of State fully addressed this exact topic. There is no language in the constitution or the amendment that says they must have been charged or convicted of insurrection and the SoS makes a pretty solid argument that she’s bound by her duties to make a call on the matter. She used the official Jan 6th hearings as an evidence-based proceeding while acknowledging that it was curated with intent and needs to be put in that context. She did stay her decision until higher courts ruled on the matter.
https://www.maine.gov/sos/news/2023/Decision in Challenge to Trump Presidential Primary Petitions.pdf
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My gut instinct was the same as yours actually. But it’s not about my instinct, it’s about the interpretation of the law as written and the record of events of J6 when applied in that specific context.
Making an honest judgment call referencing the case law, constitution, state law, and precedent and then staying the decision to not go into effect until higher courts can rule on it is, despite my gut instinct, exactly the right call.
We all know this will end up at the Supreme Court, including the people who did their due diligence to write their best legal opinions.
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Just trying to be clear before I respond, are you saying it doesn’t apply to the office of the president as the court initially ruled before it going to the Colorado Supreme Court? The Maine Secretary of State addressed that argument as if it were kind of nonsense and hinged on an interpretation of the word office inconsistent with the aim of the amendment in its context, missing the forest for the trees in terms of intent.
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Is that a yes that you’re trying to use the “POTUS isn’t an office” ruling from before it was overturned? Because that one did seem absurd to me. Since the amendment was designed to prevent confederates from taking power, it was silly on its face to assume it wouldn’t apply to the president, a leap in logic and sound judgment only made possible by hyper-fixating on the word “office.” Especially when it contains a provision to remove the disqualification by a 2/3 vote, but not a provision to remove it if you win the presidency.
Sounds like you’re taking wild and unprecedented liberties with your resume acting like your backseat driver legal instincts are better than the Colorado Supreme Court’s legal decisions…people who I assume are far more educated, qualified, and experienced than you.
The amendment actually says “…engaged in ainsurrection or rebellion…” Trump did, factually speaking, engage in insurrection. The plain text of the amendment does not say anything about a criminal conviction for insurrection, and being ineligible for office holding is not a criminal penalty. Seems pretty plainly like you’re the one taking liberties to me.
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