Staff Reports
The Supreme Court had its hands full during the oral arguments about Colorado’s attempt to remove former President Donald Trump from the ballot. And boy, oh boy, it looks like the justices weren’t too keen on the idea of labeling a candidate as an “insurrectionist” and giving the state the power to boot them off the ballot.
The Colorado Supreme Court based its reasoning on the 14th Amendment to the U.S. Constitution, which, let’s not forget, was added after the Civil War. The amendment says that participants in an insurrection can’t hold elected office. Fair enough, but it seems like the justices had some major concerns about whether states can actually enforce this amendment.
Justices Brett Kavanaugh and Clarence Thomas were all up in arms about the authority of states when it comes to enforcing the 14th Amendment. They wanted to see more examples of states removing candidates for their involvement in the Confederacy. I mean, come on, after the Civil War, there should have been a whole lot more of these removals, right?
And get this, a judge back in 1870 even ruled that this provision in the 14th Amendment could only be implemented through congressional action. That’s right, folks, it’s been “dormant for 155 years” before Colorado decided to dust it off and use it. Talk about a blast from the past.
But let’s give credit where credit is due. Chief Justice John Roberts hit the nail on the head when he said that the whole point of the 14th Amendment was to limit state power, not expand it. Colorado was trying to twist things around and give the states the authority to enforce the amendment. Sorry, Colorado, but that’s not how the Constitution works.
Even liberal Justice Elena Kagan was skeptical of the states’ rights in this case. She made it clear that if a former president is disqualified for “insurrection,” it’s a national matter that should be handled by federal means. And hey, if the states start removing candidates left and right, we could end up with just a handful of states deciding the outcome of the whole dang election. Yikes!
But here’s the cherry on top. What about due process? Colorado had the audacity to label Trump as an insurrectionist without any formal charges or convictions. Last time we checked, people are innocent until proven guilty in a court of law. Remember, folks, this is a fundamental constitutional principle, and it seems like the justices weren’t too happy about Colorado sidestepping it.
All in all, it doesn’t look like Colorado’s ruling will stand. The Supreme Court justices seemed far from convinced by their arguments. And thank goodness for that! We can’t have states willy-nilly removing candidates from the ballot based on flimsy accusations. It’s a good thing someone is standing up for the Constitution and the principles it protects.
