good lord. yes, i know about the 14th amendment. that’s why he’s not on the Colorado ballot. The problem is (like a ton of things in the constitution) it is outrageously vague. It doesnt clarify who is supposed to invoke it, or when, as in before or after a person is elected. the state court could use it, or congress. If the state uses it, it can easily be appealed to supreme court (which it already has in this case, and more than once). The supreme court since 1866 has still never ruled on the meaning or application of the insurrection clause.
It has been used before, but (to my knowledge) only three times prior. One was via impeachement, one was just after being elected, one was barred from running. The impeached guy was a judge and never tried to run again. The other two appealed the 14th amendment ruling to the supreme court, they both won, and both ran again and both took office.
All that to say, it is not a sturdy leg to stand on and certainly doesn’t make it automatically illegal for someone to run. If it did, he would not be running. If the supreme court votes that the 14th should be invoked then it would be illegal.
Lastly, i would urge you to calm the fuck down man. Damn. You all are ornery as fuck around here. I don’t like the man any more than you do but i am just stating the law. As it stands at this very moment, the idiot can legally run.
good lord. yes, i know about the 14th amendment. that’s why he’s not on the Colorado ballot. The problem is (like a ton of things in the constitution) it is outrageously vague. It doesnt clarify who is supposed to invoke it, or when, as in before or after a person is elected. the state court could use it, or congress. If the state uses it, it can easily be appealed to supreme court (which it already has in this case, and more than once). The supreme court since 1866 has still never ruled on the meaning or application of the insurrection clause. It has been used before, but (to my knowledge) only three times prior. One was via impeachement, one was just after being elected, one was barred from running. The impeached guy was a judge and never tried to run again. The other two appealed the 14th amendment ruling to the supreme court, they both won, and both ran again and both took office. All that to say, it is not a sturdy leg to stand on and certainly doesn’t make it automatically illegal for someone to run. If it did, he would not be running. If the supreme court votes that the 14th should be invoked then it would be illegal. Lastly, i would urge you to calm the fuck down man. Damn. You all are ornery as fuck around here. I don’t like the man any more than you do but i am just stating the law. As it stands at this very moment, the idiot can legally run.