Hans von Spakovsky, The Daily Signal: “First, Section 3 of the 14 Amendment applies only to individuals who were previously a ‘member of Congress,’ an ‘officer of the United States,’ or a state official. Individuals who are elected—such as the president and vice president—are not officers within the meaning of Section 3. Second, no federal court has convicted Trump of engaging in ‘insurrection or rebellion.’ In fact, the Senate acquitted Trump of that charge in his second impeachment. Third, some scholars assert Section 3 doesn’t even exist anymore as a constitutional matter after the Amnesty Acts of 1872 and 1898—a matter completely ignored by the court today. Fourth, prior court rulings have held that Section 3 is not self-executing and Congress has never passed any federal law providing for enforcement, meaning that courts such as the Colorado Supreme Court have no legal authority to enforce Section 3.” https://www.dailysignal.com/2023/12/19/election-interference-colorado-supreme-court-removes-trump-from-ballot/
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Hans von Spakovsky, The Daily Signal: “First, Section 3 of the 14 Amendment applies only to individuals who were previously a ‘member of Congress,’ an ‘officer of the United States,’ or a state official. Individuals who are elected—such as the president and vice president—are not officers within the meaning of Section 3. Second, no federal court has convicted Trump of engaging in ‘insurrection or rebellion.’ In fact, the Senate acquitted Trump of that charge in his second impeachment. Third, some scholars assert Section 3 doesn’t even exist anymore as a constitutional matter after the Amnesty Acts of 1872 and 1898—a matter completely ignored by the court today. Fourth, prior court rulings have held that Section 3 is not self-executing and Congress has never passed any federal law providing for enforcement, meaning that courts such as the Colorado Supreme Court have no legal authority to enforce Section 3.” https://www.dailysignal.com/2023/12/19/election-interference-colorado-supreme-court-removes-trump-from-ballot/