The American Democracy Minute Radio Report & Podcast for Dec. 21, 2023
You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.
We’ve been keeping you updated on attempts to bar former President Donald Trump from 2024 state ballots. A ruling in the Colorado Supreme Court December 19th found that as President he WAS an “officer of the United States,” and DID participate in an insurrection against the Constitution.
Anderson v. Griswold, Dec. 19, 2023
The Fourteenth Amendment’s Section 3 disqualifies candidates for public office if they have “engaged in insurrection or rebellion” against the U.S. Constitution. But scholars divided on whether the President falls under THIS phrase “ . . . Who, having previously taken an oath, as a member of Congress, or as an officer of the United States . . .” Some argue it is notable that the framers DIDN’T specifically mention the President, but DID mention Congress.
The Colorado decision found that the U.S. Constitution specifies the post of President as an “office” 25 times, the court saying, “It seems most likely that the Presidency is not specifically included because it is so evidently an ‘office.’”
It also ruled that evidence substantiated President Trump engaged in insurrection against the Constitution, and a conviction was not required to meet this standard.
Almost all scholars agree that the case is headed to an “originalist”-dominated U.S. Supreme Court, where the case may hinge on an interpretation of whether a CONVICTION for insurrection is required. Sixteen other state cases are pending.
The decision is a must-read, and we have it at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
U.S. Congress – Fourteenth Amendment Section 3
Colorado Supreme Court – Decision in Anderson v. Griswold
CNN – Colorado Supreme Court removes Trump from 2024 ballot based on 14th Amendment’s ‘insurrectionist ban’
Democracy Docket – Colorado Supreme Court Rules Trump Ineligible To Hold Office of President
Associated Press – Colorado Supreme Court declares Donald Trump is ineligible for the White House
Lawfare – Section 3 Disqualifications for Democracy Preservation
Groups Taking Action:
Citizens for Responsibility and Ethics in Washington, Protect Democracy
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