The American Democracy Minute Radio Report & Podcast for Feb. 6, 2024
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.
Thursday, February 8th, 10 AM Eastern, the U.S. Supreme Court hears a challenge from former President Donald Trump to Colorado’s decision to ban him from the state’s Presidential primary under the 14th Amendment.
https://www.supremecourt.gov/oral_arguments/live.aspx
The amendment’s Section 3 was implemented after the Civil War to keep former Confederate leaders from holding office. It specifies that an officer of the United States who took an oath to protect the Constitution but engaged in insurrection, or gave aid and comfort to those who did, is ineligible to hold office.
The questions likely to be raised by Trump’s lawyers are: Is the President an “officer of the United States” as defined by the Fourteenth Amendment Section 3? Does the Fourteenth Amendment even allow states to enforce Section 3, or is it solely Congress’ responsibility? And does blocking a political party from offering the candidates of its choice violate the party’s right to free speech? Failure to meet any of these standards results in Trump remaining on the ballot.
The Colorado Supreme Court found 25 instances where the Constitution referred to the “office” of President. It also found that the evidence substantiated that Trump engaged in insurrection, and that a conviction was not required to meet this standard.
We have links to an excellent explanation of the issues at ScotusBlog, and a link to the U.S. Supreme Court’s Thursday audio feed at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
U.S. Congress – Fourteenth Amendment Section 3
Lawfare – Section 3 Disqualifications for Democracy Preservation
American Democracy Minute – Colorado Supreme Court Rules Trump was a “Officer of the United States” Participating in Insurrection, and Bars Him from the State’s Ballot. A SCOTUS Challenge is Likely.
Colorado Supreme Court – Decision in Anderson v. Griswold
ScotusBlog – Supreme Court to decide whether insurrection provision keeps Trump off ballot
U.S. Supreme Court – Thursday, February 8, 10 AM, Live Audio Link
Groups Taking Action:
Citizens for Responsibility and Ethics in Washington, Protect Democracy
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