Trump upset about his Supreme Court picks following the law. Trump concerned conservative Supreme Court 'may rule against him' on state ballot exclusions: report https://www.alternet.org/trump-conc...gainst-him-on-state-ballot-exclusions-report/ Former president Donald Trump “has expressed concern” that conservative justices on the U.S. Supreme Court “may rule against him” as his advisers gear up to challenge decisions in Colorado and Maine that exclude him from the Republican primary ballot, the New York Times reports. According to the Times, Trump fears “the conservative justices will worry about being perceived as ‘political’ and may rule against him, according to a person with direct knowledge of his private comments.” Last week, Maine joined Colorado in barring Trump from the Republican primary ballot “over challenges stemming from Section 3 of the 14th Amendment to the Constitution,” the Times reports. That section “states that any officer of the United States who has taken an oath to uphold the Constitution cannot ‘have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.’” Times reporters Maggie Haberman and Jonathan Swan note Trump’s team is “preparing as soon as Tuesday to file challenges” to those decisions. Per the Times: Mr. Trump has privately told some people that he believes the Supreme Court will overwhelmingly rule against the Colorado and Maine decisions, according to a person familiar with what he has said. But he has also been critical of the Supreme Court, to which he appointed three conservative justices, creating a supermajority. The court has generally shown little appetite for Mr. Trump’s election-related cases. Read the full report at the New York Times.
It's included in the Lower Court, i.e., Colorado District Court, record of the five day trial... “The Court [the lower Colorado Court, not the Colorado Supreme Court] found that Donald Trump engaged in insurrection after a careful and thorough review of the evidence,” said one of the attorneys, Mario Nicolais. “We are very pleased with the opinion and look forward to addressing the sole legal issue on appeal, namely whether Section 3 of the Fourteenth Amendment applies to insurrectionist presidents. We believe that it does.” There was unanimous agreement by all 8 judges involved in the lower and appeals courts rulings that Trump engaged in an insurrection. The appeal did not rest of the issue of whether Trump engaged in insurrection but on whether the President is an officer of the United States, a question which in turn rested upon the interpretation of minor variation in the oath Presidents take and the oath taken by other government officers. The variation referred to is the use of the phrase "support the Constitution" versus "protect and defend" the Constitution". Incidentally, the case was brought by Republicans apparently trying to keep Trump off the Colorado Republican primary ballot via the 14th Amendment. The Constitution must be followed by the States as well as by the Federal Government. Consequently State Courts may invoke U.S. Constitutional law in adjudicating State laws, such as election laws. Final interpretation of Constitutional law is left to the U.S. Supreme Court. Did the Colorado Supreme Court interpret section 3 of the 14th Amendment the way the U.S. Supreme Court will? See also: https://www.nytimes.com/2023/11/17/us/politics/colorado-trump-14th-amendment.html and: https://www.courts.state.co.us/userfiles/file/Court_Probation/02nd_Judicial_District/Denver_District_Court/11_17_2023 Final Order.pdf
Unfortunately for your argument, Congreff haf the sole power to enforce section 3, not state courts or secretaries of state. Nice try though---
It seems you've confused enforcement with application. The States must apply Consitutional law just as the Federal Government is obliged to.
Fourteenth Amendment, Section 5: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
Is Section 3 auto-executing? You may want to read what the Colorado Supreme Court said about this. We'll see soon enough whether the U.S. Supreme Court agrees.
No. Section 3 is not auto-executing. ---The Colorado Supreme Court is an anti- American kangaroo court. The good news here is that 3 of the marsupials knew this wasn't correct and dissented.
Maine official who bumped Trump from ballot urges Supreme Court to act https://www.rawstory.com/maine-trump-supreme-court/ The Maine official who ruled former President Donald Trump could not appear on her state’s presidential ballot said Monday she hopes the Supreme Court will clarify the insurrectionist law. “It’s the rule of law that matters,” Secretary of State Shenna Bellows told Trump’s Trials host Scott Detrow. “We would certainly welcome the United States Supreme Court to make this clear.” Bellows defended her decision to bump Trump from the ballot after a harrowing week that saw her job threatened and her home “swatted." The Secretary of State was not home when emergency services arrived at the behest of a 911 caller reporting a fake crisis, she said, then added such threats would not deter her from her the responsibilities she holds as an elected official. “Law enforcement has been incredible,” Bellows said. “I feel safe and I will continue to do my job.” Bellows asked critics of her decision to read her ruling before accusing her of partisanship. “I made clear this is part of Maine’s process,” Bellows said. “I voluntarily suspended the effect of my decision pending that court process.” But Bellows also defended her ruling that Trump violated the 14th Amendment’s Section 3 on Jan. 6, 2021, when rioters stormed the U.S. Capitol. “[Those events] occurred and the behest of and with the knowledge and support of the outgoing president,” Bellows said. “The United States Constitution does not tolerate an assault on the foundations of our government.” (Interview audio in article)