Marxist-Communist Democrat led states Colorado, Michigan, and Minnesota filed lawsuits to bar Donald Trump from appearing as a presidential candidate on their 2024 primary presidential election ballot.
The Minnesota Supreme Court on November 9th, ruled against a petition seeking to keep former President Trump off their state’s 2024 primary ballot. Similar rulings are expected to be reached in Colorado and Michigan.
The text, history, and application of the 14th Amendment makes it clear that they have no legal authority to take any such action.
The lawsuits allege that due to Trump’s supposed actions on Jan. 6, 2021, the disqualification clause in Section 3 of the 14th Amendment, prevents him from being president even if he is elected, so they are arguing that this being the case, Trump should be removed from the ballot by state election officials.
Section 3 provides that: “No person shall be a Senator or Representative in Congress, or elector for President and Vice President, or hold any office, civil or military, under the United States … who, having previously taken an oath, as a member of Congress, or as an officer of the United States … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same … . But Congress may, by a vote of two-thirds of each House, remove such disability.”
Because Trump allegedly engaged in an insurrection, according to the challengers, he is disqualified by Section 3.
However, Section 3 only applies to individuals who were previously a “member of Congress,” an “officer of the United States,” or a state official. Trump has never been any of those. Individuals who are elected—such as the president and vice president—are not officers within the meaning of Section 3.
Secondly, Trump has never been convicted by any federal court of engaging in an “insurrection or rebellion” in violation of 18 U.S.C. Section 2383, which makes it a crime to engage in “any rebellion or insurrection against the authority of the United States.”
Third, a federal court has ruled that Section 3 doesn’t even exist anymore as a constitutional matter. The 14th Amendment was ratified in 1868 after the end of the Civil War. It was aimed at the former members of the Confederate government and military who had previously been in Congress or held executive posts.
All lawsuits trying to remove Trump from their state ballots are ignoring the final sentence in Section 3, which allows Congress to remove the disqualification clause “by a vote of two-thirds of each House.”
In 1872 Congress voted to remove the disqualification twice:
The Amnesty Act of 1872 stated that “the ‘political disabilities’ imposed by Section 3 are hereby removed from all persons whomsoever except for members of the 36th and 37th Congresses and certain other military and foreign officials.” There is no time limit in this language; and
In 1898 Congress got rid of the remaining exceptions in the Amnesty Act of 1898, which stated that “the disability imposed by section 3 of the Fourteenth Amendment to the Constitution of the United States heretofore incurred is hereby removed.”
So, all of the state lawsuits are nothing more than smoke and mirrors to appease their base by leading them to believe that they are going to get Trump removed from the ballot.
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