No. of Recommendations: 0
I agree with what Colorado is trying to do. I just don't think you and I agree on what they're trying to do.
I think they are testing the law. This will be appealed. Does the 14th apply to Trump? He has not been convicted. Under ordinary matters of law, I would say that it doesn't apply without a conviction. Which is why I asked a few days ago what the scholarship around the 14th is.
In my opinion, Trump is guilty as sin of encouraging/instigating insurrection. If it were up to me (as grand ruler of the universe), Trump would not be allowed on another ballot. But my opinion is not a conviction, nor does the Constitution hinge on my opinion. What does it hinge on? I don't know.
That's why I think the Colorado ruling will be overturned. He hasn't been convicted, and I don't think we want a precedent of just being accused to be sufficient to fall under the insurrection rule. We would end up with everyone accusing everyone else of attempted insurrection, and no one would ever be on the ballot again.
OTOH, you don't have to be "convicted" of anything for the 25th to apply. But there is a procedure to enact that, where I don't think there is one to enact the 14th.
But, as always, IANAL. Nor a Constitutional expert.
