There Are Rules: There Are Exceptions. Trump and Colorado Ballot Access

sear

Administrator
Staff member
Grammar school students are taught:
i before e, except after c, or sounding as a as in neighbor or weigh.

Should some rules be exempt from exception? The United States Constitution proscribes government establishment of religion. BUT !! United States government prints "In God We Trust" on our $cash.

In our system of laws we entertain something called "the presumption of innocence". This obliges prosecutors to persuade the jury the accused is guilty.

Except for Senator / President Elect Obama, the following Constitutional wording is the formal oath the president elect takes publicly on inauguration day.
ARTICLE 2. SECTION 1:
7 Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:-"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
President Trump took this oath, and is thus bound by it.

Further along in the amended Constitution is the following specification.
ARTICLE #14: Ratified July 9, 1868
SECTION 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, 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 legislature, 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 given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Ordinarily if a U.S. president were to perjure his oath as designated in Art2 Sect1, and was formally accused, placed on trial, and convicted, Art14 Sect3 might seem to apply.

In President Trump's case there has been no such conviction. BUT !!

The presumption of innocence is our standard in law as a safeguard. In a case where there is he said / she said doubt, the institutional bias is intended to favor the accused. BUT !!

When the accused is the president of the United States, and perjury is perpetrated several times, in a variety of ways, including directing on broadcast television an assembled crowd to march to the capitol, where bloody insurrection then occurred, is the presumption of innocence extraneous? Is there any doubt?

Has Colorado over-stepped by excluding former president Donald J. Trump from Colorado's primary election ballots? The 14th Amendment may be enforceable law, but Trump has not been convicted of insurrection. Is the public record, HD television broadcast images enough?

Compounding this dilemma, Trump critics provide dire predictions of a second Trump presidential administration. Some warn that Trump disregarded the Constitution in his first administration, and that in a second administration President Trump would dispense with the United States Constitution substantially, if not entirely.

Was Colorado right or wrong to deny Trump ballot access?

For some other States the time to change that decision has passed. But for others, with the Colorado precedent now set, should a formal judicial conviction be required in the Trump insurrection case? Or is the evidence abundant and persuasive enough, and the stakes high enough to apply spirit of the law rather than letter of the law reasoning for Trump's primary ballot access?
 
DEM-APPOINTED COLORADO JUSTICE SAYS TRUMP BALLOT BAN UNDERMINES ‘BEDROCK’ OF AMERICA IN FIERY DISSENT


Enforcing Constitutional law "undermines bedrock of America". Odd. I'd have though FAILING to enforce the United States Constitution the more conspicuous threat.
 
OK
If you'll pardon my butchered political metaphor here I'd like to remove the mask from the elephant in the living room.

IF Trump is ruled by SCOTUS to be ineligible to appear on the 2024 general election ballot, then allowing Republican primary voters to select Trump may well leave the Republicans without a candidate. Meaning, even if the Trump name appears on the ballot, and even if tens of millions vote for him, a definitive SCOTUS ruling would simply dismiss those votes, right? The 14th Amendment is not PURELY about ballot access, it's about eligibility for office. So the GOP can pick anyone they want. But if the one chosen is ruled ineligible, that's game over for the GOP in that election. Right? If not that, what?

I consider it ruthless politics, but it may well be the Dem's best hope, for the GOP to remain all in on Trump, nominating an ineligible candidate. titan has me wondering. Might the Roberts court give Trump a pass on this?
And if so, what happens if Trump's felony convictions start trickling in before election day?

It's clearly a mess. I doubt the Democrats could have engineered a better mess for their Republican opposition. There are still a few sharp minds in the GOP, McConnell [R-KY] comes to mind. BUT, McConnell doesn't care much for Trump, not certain old Mitch would help Trump even if he could.
 
Back
Top