The American Democracy Minute Radio Report & Podcast for March 5, 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.

In a unanimous decision March 4th, the U.S. Supreme Court reversed the decision of the Colorado Supreme Court to remove Donald Trump from the Colorado State ballot, ending state efforts to enforce the 14th Amendment’s Section 3.   

The court punted to Congress to enforce the 14th Amendment,  saying QUOTE “The Constitution empowers Congress to prescribe how those determinations should be made. The relevant provision is Section 5, which enables Congress, subject of course to judicial review, to pass ‘appropriate legislation’ to ‘enforce’ the Fourteenth Amendment.”

The court majority also noted that the states did in fact use the 14th Amendment to disqualify state candidates, but that QUOTE “Such power over governance, however, does not extend to federal officeholders and candidates.”

Both the decision and a concurrence by Justices Sotomayor, Kagan and Jackson, expressed concern that if the states had the power, it would result in a “patchwork” of decisions which could affect the outcome of the election.   But the concurrence raised alarms that the conservative majority overreached.  QUOTE:  “Although we agree that Colorado cannot enforce Section 3, we protest the majority’s effort to use this case to define the limits of federal enforcement of that provision.”

It’s unlikely Congress would agree on ANY legislation to disqualify former President Donald J. Trump.    

We have a link to the decision 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
U.S. Supreme Court – Decision in DONALD J. TRUMP, PETITIONER v. NORMA ANDERSON, ET AL.
WHYY/Associated Press – Supreme Court restores Trump to ballot, rejecting state attempts to ban him over insurrection

Groups Taking Action:
Citizens for Responsibility and Ethics in Washington,  Protect Democracy

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#Democracy  #DemocracyNews #14thAmendment #TrumpCriminalTrials #SCOTUS

The post U.S. Supreme Court Unanimously Reverses Colorado Court’s Removal of Donald Trump from the State’s Ballot appeared first on American Democracy Minute.

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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Find all of our reports at AmericanDemocracyMinute.org

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Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy #DemocracyNews #14thAmendment #Insurrection #TrumpIneligible 

The post SCOTUS Hears Oral Arguments Thursday in Trump’s 14th Amendment-Based Removal from Colorado’s Ballot appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Jan. 31, 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.

While we wait for the U.S. Supreme Court to rule on former President Trump’s appeal to the Colorado 14th amendment ballot eligibility decision, we have updates on other recent state cases. 

In Massachusetts on Jan. 29th, the state’s ballot law commission ruled against two challenges, saying that the body did not have jurisdiction.  In Maine, a court kept Trump on the ballot after the Secretary of State’s decision to remove him, pending the U.S. Supreme Court appeal in February. 

An Illinois Board of Elections’ hearing officer said Tuesday that the Board of Elections can only rule on Illinois election code matters, not the U.S. Constitution, and recommended dismissing the case.  But Capital News Illinois reports that the judge also said that if the board chose not to dismiss, QUOTE “President Trump engaged in insurrection, within the meaning of Section 3 of the Fourteenth Amendment, and should have his name removed from the March, 2024 primary ballot in Illinois.” 

States having already dismissed challenges include Washington, California, Michigan, Minnesota, Oregon and New Hampshire, some which could be reconsidered based on the outcome of the Supreme Court’s decision.

Ten more minor cases remain pending. Several others have been withdrawn by the plaintiffs, according to Lawfare. 

We have links to more information on these challenges at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
American Democracy Minute – Court Challenges to Trump’s Ballot Eligibility are Pending in 17 States.   Losses in Colorado & Michigan are Being Appealed.
PBS Newshour – Supreme Court to hear Trump ballot case that could upend 2024 presidential election
The Hill – Trump candidacy challenge dismissed in Massachusetts
The Hill – Maine judge defers decision on Trump 14th Amendment question until Supreme Court rules
CNN – Illinois election board hears objection to Trump candidacy based on January 6 insurrection

Capital News Illinois – State election board to rule on challenge to Trump candidacy
Lawfare – Tracking Trump Section 3 Challenges
CNN – Tracking the major 14th Amendment efforts to remove Trump from the 2024 ballot

Groups Taking Action:
Free Speech for People, Citizens for Responsibility & Ethics in Washington (CREW)

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Find all of our reports at AmericanDemocracyMinute.org

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#Democracy  #DemocracyNews #14thAmendment #BallotDisqualification #Insurrectionists

The post The U.S. Supreme Court hears the Appeal of Donald Trump’s Eligibility in February, But Where Do the Many State Cases Stand? appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Jan. 8, 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.

In a brief order released Friday, January 5th, the U.S. Supreme Court agreed to hear the appeal on February 8th of former President Donald Trump, disputing his pending disqualification from the Colorado Presidential primary ballot. 

Notably, the court opted not to hear a similar appeal by the Colorado Republican party, only the appeal from Trump himself.  Trump’s lawyers contend the issue of eligibility for the ballot is a decision for Congress not state courts.  They also argue that  QUOTE “It was not ‘insurrection’ and President Trump in no way ‘engaged’ in ‘insurrection.’” UNQUOTE. 

High court oral arguments have been scheduled for February 8th, but Colorado’s Secretary of State announced Friday that she has already certified the ballot with Trump’s name to meet the election schedule.  Should the disqualification be upheld, she suggested in a CNN interview it would be handled as if a candidate had withdrawn from the race, and those votes would not be counted.

Trump also last week appealed his disqualification from the Maine primary to Maine Superior court, contending the Maine Secretary of State lacked the authority to make the decision, and disputing he engaged in insurrection.  Groups of voters in Illinois and Massachusetts have also joined the fray, filing suits claiming Trump is ineligible for the ballot based on the 14th Amendment.

We have links to articles, Trump’s appeals, and groups taking action at AmericanDemocracyMinute.org.  I’m Brian Beihl

Today’s Links
Articles & Resources:
Donald Trump Appeal via Democracy Docket – PETITION FOR WRIT OF CERTIORARI
Colorado Newsline – Supreme Court agrees to hear Colorado case banning Trump from ballot under insurrection clause
U.S. Supreme Court – TRUMP, DONALD J. V. ANDERSON, NORMA, ET AL.
SCOTUS Blog – Supreme Court agrees to hear Trump plea to remain on Colorado ballot
Associated Press – Trump appeals Maine ruling barring him from ballot under the Constitution’s insurrection clause
CNN – Illinois and Massachusetts voters seek to take Trump off 2024 ballot

Presidental Oath of Office – ArtII.S1.C8.1 Oath of Office for the Presidency

U.S. Congress – U.S. Constitution – 14th Amendment, Section 3

Groups Taking Action:
Free Speech for People, Citizens for Responsibility and Ethics in Washington (C.R.E.W.), Protect Democracy

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Find all of our reports at AmericanDemocracyMinute.org

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#Democracy  #DemocracyNews #14thAmendment #BallotDisqualification

The post U.S. Supreme Court Agrees to Hear Appeal of Trump’s Disqualification from Colorado Ballot Feb. 8th; More State Challenges Filed appeared first on American Democracy Minute.

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.

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

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

Want ADM sent to your email?  Sign up here!

#Democracy  #DemocracyNews #14thAmendment #NoOneAbovetheLaw  #Insurrection

The post 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. appeared first on American Democracy Minute.