I see you're also applying the linguine approach to legal argument. This sometimes works! The diversion into Biden, Iran and Treason is an unrelated matter, but in the hands of a skilled lawyer and a weak judge it could be worth a try. It does risk trying the judges patience however. I'm certain it would try mine were I on the bench. I am relying on the Colorado Supreme Courts detailed ruling and the trial record of the lower Court. The lower court found Trump not to be an officer under Section 3. This was, to no one's surprise, overturned by the Colorado Supreme Court. Both Courts found Trump to be an insurrectionist. Rather than look for ways to disregard the plain meaning of a text, and infer something other than what's written, as one must do when the plain reading is against them, I am happy to stick with what's written in sections 3 and 5.
Right..courts never make mistake and have their decisions overturned... tell me again about your constitutional law book that has zero overturned cases... Biden and Iran is not a diversionary argument it is a legal argument. A SC has to consider the effect of their ruling when cases of first impression come across their bench. It happens all the time despite how it would try your patience. A court has to consider whether their ruling would in effect chill the Constitutional rights of others and future cases that would be created. Thankfulky your are not a Justice as you indicate you have no patience for legal arguments in an important case. Did you also rely on lower court rulings that didnt align with your political beliefs? Just curious... A valid opinion is welk respected but dont try and establish your view of the facts as facts on a case of first impression that both the Colorado District Court and Colorado supreme court ssid would need to be decided by the Supreme Court since it is a novel issue of constitutional interpretation. If the SC upholds the Colorado decision then i believe the proper venue has decided for the country and not one State. Congress does not have sole juriadiction on this issue but they have codified insurrection and thus have acted and are a better representation of the peoole than Colorado.
"Section Five does not empower Congress to regulate private conduct, but only the actions of state and local governments. Second, Section Five does not provide Congress with the power to create new rights or expand existing rights, but rather only with the authority to prevent or remedy violations of rights already recognized by the courts." 5 does not grant sole exclusive authority to Congress. Such an interpretation would indicate the Amendment has no teeth unless Congress enacts a law....Section 5 gives Congress power to ensure enforcement when 14th is not being applied correctly or if Congress oversteps its mandate. The 14th Amendment is already the law. The issue is whether Colorado is correctly applying this to a presidential election and on what grounds with respect to a codified federal offense. "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article." Courts have regularly enforced provisions of the 14th Amendment but with issues of first impression State courts have had to defer to SC for constitution interpretation.
I can see the danger of Texas passing a bill saying that Biden crossing the road on Sunday is insurrection and their supreme court upholding that ruling to be honest. Look how they're usurping federal law by reinterpreting immigration as an invasion in violation of a supreme court decision at this point.
There is no Sec 3 law allowing a state, or anyone else, to remove Trump from ballots unless Congreff enacts one.
I will also point out, that Section 3 bars people from holding office. It says nothing about being on the ballot.
I could see Couy Griffin's disqualification being removed as he was only convicted of trespassing and not insurrection or rebellion.
They should pardon the January 6 demonstrators who are mainly average joes charged multiple times for misdemeanors to make it felonies to give them long prison sentences. When they do not even charge BLM and Antifa thugs for all their violent crimes which are actually felonies and members of Congress guilty of massive corruption? This two tiered justice system cannot exist indefinitely.