Teri Kanefield
I am still absorbing the enormity of the Colorado Supreme Court's ruling that Trump is ineligible to appear on the ballot.
It was a long day, so forgive typing errors.
It seems to me that there was plenty of due process, Colorado law empowered its elections officer to determine qualification, and the elections officer did so.
I don't believe there has to a finding in criminal court that Trump engaged in insurrection for Section 3 to apply. . .
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Tim Chambers
@Teri_Kanefield What do you make of the question of if the President is an "officer" or not?
Teri Kanefield
I suspect that "president' was left off the list because nobody who had a hand in drafting Section 3 imagined a scenario where the president would join an insurrection against the government he was presiding over.
I don't think it was an intentional omission.
The problen with a list is that it's hard to make it exhaustive. That's why we have a 9th Amendment saying, "The list here is not exhaustive."
I do think the omission gives wiggle room.
Michael Fisher
@peteriskrisjanis @Teri_Kanefield Teri has often mentioned that the US political system was designed to make it very hard for any one person or party to capture all the various levers of power that are built into it. It’s also what makes progress exceedingly slow, but I’ll take it.
Pēteris Krišjānis
@mjf_pro @Teri_Kanefield it is funny how torny subject of life appointment of SCOTUS judges might actually save democracy. Funny how life works sometimes.
Michael Fisher
@Teri_Kanefield If they don’t simply punt it and say that each state can make its own determination, I would not be shocked if they uphold the ballot exclusion. Reason: they’ve made it clear they are not going to install a dictator, and this case finally gives them the opportunity to throw a dagger into him at no cost to their own lifetime tenure (“I came to bury Caesar, not to praise him”).
Teri Kanefield
The reason is becuase of the heightened standard of proof in criminal matters (beyond a reasonable doubt). The standard is high because in criminal court, a person stands to lose life, liberty, or property. Before the government can take those away, the standard of proof must be beyond reasonable doubt.
The Colorado court found, after examining evidence and lots of due process, that there was an insurrection and Trump engaged in it. (So did a Congressional committee)
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Teri Kanefield
I also don't think that Congress needs to have enacted legislation. After all, we don't need legislation for "due process" or "equal protection" to apply (also in the 14th Amendment).
What is blowing my mind is imagining the consequences of the Supreme Court taking the case (I think they'll have to) and issuing a ruling.
I can't imagine a ruling that won't be . . . explosive* . . . one way or another.
*tired brain, searching for the right word.
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