As we quickly wind down the year 2023, I want to take another look at the law and how things are going for former President Donald Trump. One thing I still maintain, is that no one in this country should be above the law. I think former President Trump is finally perhaps realizing that. This past week that we’re coming out of, the Colorado State Supreme Court pulled off a shocker. They deemed that Trump cannot be on their states’ Presidential ballot in 2024, which (of course) has kicked off a firestorm of opinions.
The United States Constitution Insurrection Clause is threatening Donald Trump’s campaign. This story is still playing out. However, in today’s Civics Column, we’ll share what we know so far. As the Donald Trump saga continues in his bid to win back the White House in 2024, his problems continue to mount-up. On Tuesday, December 19, 2023, the Colorado Supreme Court barred Trump from the state’s ballot under Section 3 of the 14th Amendment. The 14th Amendment prohibits anyone who swore an oath to support the United States Constitution and then engaged in insurrection against it from holding office. This will be the first time in the history of our country, according to the Associated Press in an article dated December 20, 2023, that the provision has been used to prohibit someone from running for President. The U.S. Supreme Court is likely to have the last say on whether this ruling will stand.
There were two sentences added to the Constitution 155 years ago that make all the difference in what could possibly happen with Donald Trump and whether his name can really be on the 2024 presidential ballot, not only in Colorado but around the nation, if and when the U.S. Supreme court gets involved. If the ruling does stand, which some experts are saying is a longshot, that would be the demolition of Trump’s campaign– because again, if the Supreme Court takes on the case, whatever their decision might be, will stand for the nation, not just one state.
Section 3 of the 14th Amendment was written to keep former Confederates from returning to government office. It reads, “No person shall be a Senator or Representative in Congress or elector of President or Vice President or hold any office civil or military under the United States, or under any states who has having previously taken an oath as a member of Congress or as an officer of the United States or as a member of any state legislator, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or giving aid or comfort to enemies thereof. But Congress, may by a vote of two-thirds of each house, remove such disability.”
The provision was used pretty often in the years following the Civil War but fell into disuse after Congress granted an amnesty to many Confederate veterans in 1872. The only record of it being used in the 20th century (according to legal scholars) was as justification in refusing to seat a socialist Congressman in 1919 because he opposed U.S. involvement in World War 1.
It really was a stunning and unprecedented decision the Colorado Supreme Court made as they decided to remove Donald Trump from the state’s 2024 ballot, ruling that he was an ineligible presidential candidate because of his actions and inactions on January 6, 2020. The ruling by the Colorado Justices was four to three. The ruling is being placed on hold until January 4th, pending an appeal to the U.S. Supreme Court, which could settle the issue not just for one state, but for all fifty states. The state Supreme Court decision only applies to Colorado, but the historic ruling could very well toss up the 2024 Presidential Election, the likes of which we’ve never seen before. Colorado election officials are saying that this matter needs to be decided by January 5th at the very latest, which is the statutory deadline to set the list of candidates for the GOP primary election.
This is a cliffhanger folks! Stay tuned for what’s to come in the first month of the New Year on the Donald Trump campaign for the White House.
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