The American Democracy Minute Radio Report & Podcast for Nov. 1, 2023
Today’s Script
(Variations occur with audio due to editing for time. Today’s Links below the script)
You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.
A trial opened Monday in a Denver, Colorado courtroom to determine whether former President Donald Trump should be excluded from the 2024 Colorado ballot. Similar cases are pending in Minnesota and Michigan.
The basis for all the cases is the 14th Amendment’s Section 3 prohibition of any federal or state office holder who has taken an oath to protect the U.S. Constitution from engaging in “insurrection or rebellion” against the U.S., or giving aid or comfort to its enemies.
The Insurrection Act has been used only a handful of times in American history, primarily to keep former Confederate leaders from holding elected office after the Civil War.
“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.”
14th Amendment, Section 3
With the legal help of Citizens for Responsibility and Ethics in Washington, or CREW, six Colorado Republican and unaffiliated voters sued, alleging that Trump engaged in an insurrection by inciting a violent mob on January 6th, 2021 in an attempt to stop the certification of the 2020 election. The former President’s lawyers argue that he did NOT engage in insurrection or rebellion, and framed the suit as “election interference” to stop his current candidacy.
Legal scholars suggest the lack of precedence, and a resulting debate over whether a President is even subject to the clause, will make it a difficult case to win.
We have the full text of the insurrection act, and articles on the pending cases at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
The Atlantic – The Constitution Prohibits Trump From Ever Being President AgainNPR – 5 things to know about the 14th Amendment effort to block Trump from the presidencyColorado Newsline – Trump 14th Amendment trial in Colorado opens with focus on events of Jan. 6
Associated Press – Lawyers argue whether the Constitution’s ‘insurrection’ clause blocks Trump from the 2024 ballot
Reuters – Trump should be disqualified from 2024 ballot over Jan. 6 riot, advocates say at trial
Michigan Advance – Michigan judge fast-tracks lawsuit to force Trump off the ballot in Michigan
Minnesota Public Radio – Minnesota lawsuit seeks to keep Trump off 2024 ballot
Derek Muller, Election Law Blog – Colorado trial court botches interpretation of Electoral Count Reform Act in rush to get Trump ballot access case to hearing
Groups Taking Action:
C.R.E.W., Free Speech for People, Mi Familia Vota
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