A Colorado judge has rejected an attempt to remove former President Donald Trump from the state’s 2024 primary ballot based on the claim that he is constitutionally barred from office because of the January 6 insurrection.
It’s right there in the first sentence, “no person shall be” vp, senator, etc… not “having been.”
And this is what she (thanks for the correction) ruled. And you’re right she is ruling that they explicitly excluded it, but only from positions one is barred from holding, not saying he can hold any position still because he was president when he did it.
As I said, based on her ruling, if he tried to run for senator, she would remove him from the ballot.
(Edited to add) from the article:
The provision explicitly bans insurrectionists from serving as US senators, representatives, and even presidential electors – but it does not say anything about presidents. It says it covers “any office, civil or military, under the United States,” and Wallace ruled that this does not include the office of the presidency.
Sorry, but you’re misunderstanding her ruling. Her ruling has nothing to do with the office he’s running for, it was entirely to do with the office he held. I posted this further down in the thread, but here’s the relevant section from her ruling itself:
Here, after considering the arguments on both sides, the Court is persuaded that “officers of the United States” did not include the President of the United States. While the Court agrees that there are persuasive arguments on both sides, the Court holds that the absence of the President from the list of positions to which the Amendment applies combined with the fact that Section Three specifies that the disqualifying oath is one to “support” the Constitution whereas the Presidential oath is to “preserve, protect and defend” the Constitution, it appears to the Court that for whatever reason the drafters of Section Three did not intend to include a person who had only taken the Presidential Oath.
She is saying that because the president is not included in the list of offices, that it was specifically excluded by the people who wrote the 14th amendment. Therefore, he is not bound by the rules that would have applied if he were, say, a senator or representative. So if he were to run for any other office, senator, congressman, etc, it would be allowed because he never violated his oath. If he were a senator, he would have violated the oath with his actions on and around Jan. 6th, and so therefore he wouldn’t be allowed to pursue office.
In my defense, I hadn’t read the ruling, I was going off what the article said. However, having now quickly looked over the ruling, she rules both positions.
For Section Three of the Fourteenth Amendment to apply to Trump this Court must find both that the Presidency is an “office . . . under the United States” and that Trump took an oath as “an officer of the United States” “to support the Constitution of the United States.”
And then she goes on to rule, as you note, that he did not take an oath to support the COTUS, but also before that
The Court holds that it is unpersuaded that the drafters intended to include the highest office in the Country in the catchall phrase “office . . . under the United States.”
So I guess we were both right, and both wrong. Good talk. I learned something today. Thank you.
It’s right there in the first sentence, “no person shall be” vp, senator, etc… not “having been.”
And this is what she (thanks for the correction) ruled. And you’re right she is ruling that they explicitly excluded it, but only from positions one is barred from holding, not saying he can hold any position still because he was president when he did it.
As I said, based on her ruling, if he tried to run for senator, she would remove him from the ballot.
(Edited to add) from the article:
The provision explicitly bans insurrectionists from serving as US senators, representatives, and even presidential electors – but it does not say anything about presidents. It says it covers “any office, civil or military, under the United States,” and Wallace ruled that this does not include the office of the presidency.
Sorry, but you’re misunderstanding her ruling. Her ruling has nothing to do with the office he’s running for, it was entirely to do with the office he held. I posted this further down in the thread, but here’s the relevant section from her ruling itself:
She is saying that because the president is not included in the list of offices, that it was specifically excluded by the people who wrote the 14th amendment. Therefore, he is not bound by the rules that would have applied if he were, say, a senator or representative. So if he were to run for any other office, senator, congressman, etc, it would be allowed because he never violated his oath. If he were a senator, he would have violated the oath with his actions on and around Jan. 6th, and so therefore he wouldn’t be allowed to pursue office.
In my defense, I hadn’t read the ruling, I was going off what the article said. However, having now quickly looked over the ruling, she rules both positions.
And then she goes on to rule, as you note, that he did not take an oath to support the COTUS, but also before that
So I guess we were both right, and both wrong. Good talk. I learned something today. Thank you.