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A supporter of former President Donald Trump inside the U.S. Capitol Building on January 6, 2021, in Washington, DC.
(Photo: Brent Stirton/Getty Images)
Trump Led an Insurrection and a Court Is Right to Bar Him Under the 14th Amendment
The decision by the Colorado Supreme Court is likely to be overruled by the U.S. Supreme Court, but it's significant nonetheless.
Dec 20, 2023
As I have argued on this page, Trump shouldn’t be allowed on any ballot because Section 3 of the 14th Amendment prohibits anyone who has held public office and taken an oath to protect the Constitution from holding office again if they “have engaged in insurrection” against the United States.
This key provision was enacted after the Civil War to prevent those who rose up against our democracy from ever being allowed to hold office again.
This applies to Donald Trump. He cannot again be entrusted with public office. He led an insurrection.
On Tuesday, the Colorado Supreme Court agreed, ordering the Colorado secretary of state to exclude Trump from the state’s Republican primary ballot.
Here is what the Colorado Supreme Court said:
“A majority of the court holds that President Trump is disqualified from holding the office of president under Section Three of the Fourteenth Amendment to the United States Constitution. Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado Secretary of State to list him as a candidate on the presidential primary ballot. …
We do not reach these conclusions lightly. We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.”
Trump will appeal this ruling to the Supreme Court. If Clarence Thomas recuses himself — as he should, and as the court’s new code of ethics makes clear he must (although with no mechanism to enforce it, it’s bogus) — there is a narrow possibility that the court will affirm the Colorado ruling, in which case Trump cannot be on any state’s ballot.
Given the composition of the court — and Trump’s three appointees — this outcome seems very doubtful.
Nonetheless, the Colorado ruling is significant. It gives the American public a clear and unambiguous argument that Donald J. Trump’s third run for the presidency defies the U.S. Constitution.
On January 20th, it begins...
Political revenge. Mass deportations. Project 2025. Unfathomable corruption. Attacks on Social Security, Medicare, and Medicaid. Pardons for insurrectionists. An all-out assault on democracy. Republicans in Congress are scrambling to give Trump broad new powers to strip the tax-exempt status of any nonprofit he doesn’t like by declaring it a “terrorist-supporting organization.” Trump has already begun filing lawsuits against news outlets that criticize him. At Common Dreams, we won’t back down, but we must get ready for whatever Trump and his thugs throw at us. Our Year-End campaign is our most important fundraiser of the year. As a people-powered nonprofit news outlet, we cover issues the corporate media never will, but we can only continue with our readers’ support. By donating today, please help us fight the dangers of a second Trump presidency. |
© 2021 robertreich.substack.com
Robert Reich
Robert Reich, is the Chancellor's Professor of Public Policy at the University of California, Berkeley, and a senior fellow at the Blum Center for Developing Economies. He served as secretary of labor in the Clinton administration, for which Time magazine named him one of the 10 most effective cabinet secretaries of the twentieth century. His book include: "Aftershock" (2011), "The Work of Nations" (1992), "Beyond Outrage" (2012) and, "Saving Capitalism" (2016). He is also a founding editor of The American Prospect magazine, former chairman of Common Cause, a member of the American Academy of Arts and Sciences, and co-creator of the award-winning documentary, "Inequality For All." Reich's newest book is "The Common Good" (2019). He's co-creator of the Netflix original documentary "Saving Capitalism," which is streaming now.
As I have argued on this page, Trump shouldn’t be allowed on any ballot because Section 3 of the 14th Amendment prohibits anyone who has held public office and taken an oath to protect the Constitution from holding office again if they “have engaged in insurrection” against the United States.
This key provision was enacted after the Civil War to prevent those who rose up against our democracy from ever being allowed to hold office again.
This applies to Donald Trump. He cannot again be entrusted with public office. He led an insurrection.
On Tuesday, the Colorado Supreme Court agreed, ordering the Colorado secretary of state to exclude Trump from the state’s Republican primary ballot.
Here is what the Colorado Supreme Court said:
“A majority of the court holds that President Trump is disqualified from holding the office of president under Section Three of the Fourteenth Amendment to the United States Constitution. Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado Secretary of State to list him as a candidate on the presidential primary ballot. …
We do not reach these conclusions lightly. We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.”
Trump will appeal this ruling to the Supreme Court. If Clarence Thomas recuses himself — as he should, and as the court’s new code of ethics makes clear he must (although with no mechanism to enforce it, it’s bogus) — there is a narrow possibility that the court will affirm the Colorado ruling, in which case Trump cannot be on any state’s ballot.
Given the composition of the court — and Trump’s three appointees — this outcome seems very doubtful.
Nonetheless, the Colorado ruling is significant. It gives the American public a clear and unambiguous argument that Donald J. Trump’s third run for the presidency defies the U.S. Constitution.
From Your Site Articles
- 'Trump Is Disqualified': Activists Aim to Keep Insurrectionist Off Ballot in Key States ›
- Conservative Legal Scholars Argue Trump Is Disqualified for Office Under 14th Amendment ›
- Colorado Judge Says Trump 'Incited' Jan 6 Attack—But Keeps Him on Ballot ›
- Opinion | The Right-Wing Supreme Court Will Save Donald J. Trump Just Like It Saved George W. Bush | Common Dreams ›
- Judge Disqualifies Trump From Illinois Ballot, Citing Jan 6 Role ›
Related Articles Around the Web
Robert Reich
Robert Reich, is the Chancellor's Professor of Public Policy at the University of California, Berkeley, and a senior fellow at the Blum Center for Developing Economies. He served as secretary of labor in the Clinton administration, for which Time magazine named him one of the 10 most effective cabinet secretaries of the twentieth century. His book include: "Aftershock" (2011), "The Work of Nations" (1992), "Beyond Outrage" (2012) and, "Saving Capitalism" (2016). He is also a founding editor of The American Prospect magazine, former chairman of Common Cause, a member of the American Academy of Arts and Sciences, and co-creator of the award-winning documentary, "Inequality For All." Reich's newest book is "The Common Good" (2019). He's co-creator of the Netflix original documentary "Saving Capitalism," which is streaming now.
As I have argued on this page, Trump shouldn’t be allowed on any ballot because Section 3 of the 14th Amendment prohibits anyone who has held public office and taken an oath to protect the Constitution from holding office again if they “have engaged in insurrection” against the United States.
This key provision was enacted after the Civil War to prevent those who rose up against our democracy from ever being allowed to hold office again.
This applies to Donald Trump. He cannot again be entrusted with public office. He led an insurrection.
On Tuesday, the Colorado Supreme Court agreed, ordering the Colorado secretary of state to exclude Trump from the state’s Republican primary ballot.
Here is what the Colorado Supreme Court said:
“A majority of the court holds that President Trump is disqualified from holding the office of president under Section Three of the Fourteenth Amendment to the United States Constitution. Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado Secretary of State to list him as a candidate on the presidential primary ballot. …
We do not reach these conclusions lightly. We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.”
Trump will appeal this ruling to the Supreme Court. If Clarence Thomas recuses himself — as he should, and as the court’s new code of ethics makes clear he must (although with no mechanism to enforce it, it’s bogus) — there is a narrow possibility that the court will affirm the Colorado ruling, in which case Trump cannot be on any state’s ballot.
Given the composition of the court — and Trump’s three appointees — this outcome seems very doubtful.
Nonetheless, the Colorado ruling is significant. It gives the American public a clear and unambiguous argument that Donald J. Trump’s third run for the presidency defies the U.S. Constitution.
From Your Site Articles
- 'Trump Is Disqualified': Activists Aim to Keep Insurrectionist Off Ballot in Key States ›
- Conservative Legal Scholars Argue Trump Is Disqualified for Office Under 14th Amendment ›
- Colorado Judge Says Trump 'Incited' Jan 6 Attack—But Keeps Him on Ballot ›
- Opinion | The Right-Wing Supreme Court Will Save Donald J. Trump Just Like It Saved George W. Bush | Common Dreams ›
- Judge Disqualifies Trump From Illinois Ballot, Citing Jan 6 Role ›
Related Articles Around the Web
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