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by peyton
910 days ago
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I believe the Fourteenth Amendment gives Congress the power of enforcement, not the Colorado Supreme Court. I don’t think the framers intended for people to pick and choose parts of the Constitution to go after people they don’t like. |
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1. The constitution grants broad authority to states on how to run their elections. This include voter qualifications, how the process is performed, and if candidates qualify. This is the same right granted to states that allowed for the rapid change to mass mail-in ballots during the pandemic and requiring ids for voting. Both parties rely on this state level authority for arguing for and against eligible voter agendas.
2. When you look at the language in the 14th, you find very similar language in several other amendments. They found that by and large, 14.3 is self-executing despite 14.5. To rule the opposite would have undone a ton of precedent and created chaos in the larger legal system. That being said, Congress can vote, with a 2/3 majority, to over turn a disqualification. They cannot however adjugate how a state determines qualifications, minus a few federal rules like age and being a citizen.
On the finding that Trump had engaged in insurrection, the lower court found there was ample evidence in Trump's public statements (tweets & speeches) to say he engaged in insurrection. The CO SC confirmed this finding. Team Trump argued there was no due process, thus it is unfair to reach this conclusion, they do not dispute the facts, just the inference. The petitioning side argued that this is a judicial review of an elected official in doing their job, thus a jury trial and all that is not required.
I think one way to make an analogy here is to consider OJ Simpson, who was found not-guilty in a criminal case (trump's criminal case is ongoing) while he was found civilly liable and lost all his money (trump is disqualified)