Maine’s top election official removes Trump from 2024 ballot

[Brihaha]

The incumbent President is Joe Biden.

Mr Trump was the incumbent and loser of the 2020 election. That's the one with the insurrection that seems to have disqualified Donald from eligibility to run for president again. States are applying section 3 of the 14th amendment against Mr Trump.

 

[Hank77]

How can a president be excluded as an officer of the United States? The presidency is an office for which people are elected. And I'm not sure what grounds Donald Trump may appeal if he appeals at all.

The Constitution agrees with you. This is just one place where it states that the presidency is an office. I believe it does in the impeachment Article as well.

Article II, Section 1, Clause 1:
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows.

Article II, Section 4:
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

 

[Brihaha]

The Constitution agrees with you. This is just one place where it states that the presidency is an office. I believe it does in the impeachment Article as well.

Article II, Section 1, Clause 1:
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows.

Article II, Section 4:
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

I guess Donald could appeal to the Supreme Court on grounds he wasn't a participant in the insurrection and Colorado doesn't have a right to discard his eligibility for that. It is a conundrum yet very interesting. I feel like our Supreme Court will need to set new precedence in some Trump legal cases. Even punting sets a precedent, but without closure for many of us.

 

[NxNW]

When did Trump ever say that?

On January 6.

Cassidy Hutchinson: Trump said 'hang' while rioters called to 'hang Mike Pence' on Jan. 6

 

[loveofourlord]

the whole 14th ammendment doesn't apply seems the dumbest....right we can prevent ANYONE from running, except the most important office in the country....right.

 

[DaisyDay]

I guess Donald could appeal to the Supreme Court on grounds he wasn't a participant in the insurrection and Colorado doesn't have a right to discard his eligibility for that. It is a conundrum yet very interesting. I feel like our Supreme Court will need to set new precedence in some Trump legal cases. Even punting sets a precedent, but without closure for many of us.

I don't think Donald can appeal (successfully, you know what I mean) this case because he isn't a party and has no standing. I think he would have to sue Colorado BOE first. And Maine's BOE.

 

[JSRG]

If the 14th amendment doesn't apply to the incumbent president, then it's fairly worthless. I don't think the SC will overrule the Colorado decision on the republican party appeal. How can a president be excluded as an officer of the United States? The presidency is an office for which people are elected. And I'm not sure what grounds Donald Trump may appeal if he appeals at all.

While a lengthy read, this article offers a fairly good discussion of the arguments for and against the president being included:

An Officer and a Gentleman (and a President)

Daily Disqualification Update (29 Oct): Trump's Strongest Argument

decivitate.substack.com

Now, the author is of the opinion that Trump is ineligible to be elected president so obviously there is some bias there, but I feel in the matter of whether the Fourteenth Amendment applies to the president they do a good job presenting things in a balanced manner (they actually say they think this is the best argument Trump has).