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Colorado kicks Trump Off Ballot for 2024
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<blockquote data-quote="essentialsaltes" data-source="post: 77495321" data-attributes="member: 294566"><p>The lower court and the CO Supreme Court found that the application of the 14th Amendment is decidable by the courts.</p><p></p><p><a href="https://drive.google.com/viewerng/viewer?url=https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2023/23SA300.pdf" target="_blank">2. Section Three Involves Judicially Discoverable and Manageable Standards</a></p><p></p><p>As we have said, President Trump has not argued before us that Section</p><p>Three lacks judicially discoverable and manageable standards, and we believe for</p><p>good reason. Section Three disqualifies from certain delineated offices persons</p><p>who have “taken an oath . . . to support the Constitution of the United States” as</p><p>an “officer of the United States” and who have thereafter “engaged in insurrection</p><p>or rebellion.” U.S. Const. amend. XIV, § 3. Although, as we discuss below, the</p><p>meanings of some of these terms may not necessarily be precise, we can discern</p><p>their meanings using “familiar principles of constitutional interpretation” such as</p><p>“careful examination of the textual, structural, and historical evidence put forward</p><p>by the parties.” Zivotofsky, 566 U.S. at 201.</p><p></p><p>G. President Trump Engaged in Insurrection</p><p></p><p>¶176 President Trump challenges the district court’s findings that he “engaged</p><p>in” an “insurrection.” The Constitution leaves these terms undefined. Therefore,</p><p>we must make a legal determination regarding what the drafters and ratifiers</p><p>meant when they chose to deploy these words in Section Three. Mindful of the</p><p>deferential standard of review afforded a district court’s factual findings, we</p><p>conclude that the district court did not clearly err in concluding that the events of</p><p>January 6 constituted an insurrection and that President Trump engaged in that</p><p>insurrection.</p><p></p><p>We conclude that the foregoing evidence, the great bulk of which was</p><p>undisputed at trial, established that President Trump engaged in insurrection.</p><p>President Trump’s direct and express efforts, over several months, exhorting his</p><p>supporters to march to the Capitol to prevent what he falsely characterized as an</p><p>alleged fraud on the people of this country were indisputably overt and voluntary.</p><p>Moreover, the evidence amply showed that President Trump undertook all these</p><p>actions to aid and further a common unlawful purpose that he himself conceived</p><p>and set in motion: prevent Congress from certifying the 2020 presidential election</p><p>and stop the peaceful transfer of power.</p></blockquote><p></p>
[QUOTE="essentialsaltes, post: 77495321, member: 294566"] The lower court and the CO Supreme Court found that the application of the 14th Amendment is decidable by the courts. [URL='https://drive.google.com/viewerng/viewer?url=https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2023/23SA300.pdf']2. Section Three Involves Judicially Discoverable and Manageable Standards[/URL] As we have said, President Trump has not argued before us that Section Three lacks judicially discoverable and manageable standards, and we believe for good reason. Section Three disqualifies from certain delineated offices persons who have “taken an oath . . . to support the Constitution of the United States” as an “officer of the United States” and who have thereafter “engaged in insurrection or rebellion.” U.S. Const. amend. XIV, § 3. Although, as we discuss below, the meanings of some of these terms may not necessarily be precise, we can discern their meanings using “familiar principles of constitutional interpretation” such as “careful examination of the textual, structural, and historical evidence put forward by the parties.” Zivotofsky, 566 U.S. at 201. G. President Trump Engaged in Insurrection ¶176 President Trump challenges the district court’s findings that he “engaged in” an “insurrection.” The Constitution leaves these terms undefined. Therefore, we must make a legal determination regarding what the drafters and ratifiers meant when they chose to deploy these words in Section Three. Mindful of the deferential standard of review afforded a district court’s factual findings, we conclude that the district court did not clearly err in concluding that the events of January 6 constituted an insurrection and that President Trump engaged in that insurrection. We conclude that the foregoing evidence, the great bulk of which was undisputed at trial, established that President Trump engaged in insurrection. President Trump’s direct and express efforts, over several months, exhorting his supporters to march to the Capitol to prevent what he falsely characterized as an alleged fraud on the people of this country were indisputably overt and voluntary. Moreover, the evidence amply showed that President Trump undertook all these actions to aid and further a common unlawful purpose that he himself conceived and set in motion: prevent Congress from certifying the 2020 presidential election and stop the peaceful transfer of power. [/QUOTE]
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