The Supreme Court will hear arguments on Thursday about whether Colorado may keep Donald Trump off the presidential ballot because of the storming of the Capitol on Jan. 6, 2021.
The justices should seek a ruling that is originalist, modest and respectful of America’s democratic federalism.
In particular, they should focus on two phrases: “the first insurrection of the 1860s” and “the fifty-state solution.”The first phrase explains why Mr. Trump’s conduct squarely falls under Section 3 of the 14th Amendment, which bars from any “office, civil or military, under the United States” any important public servant who, after swearing an oath to the Constitution, engages in an “insurrection” or gives insurrectionists “aid or comfort.”The second phrase highlights the Constitution’s well-established structure for presidential elections, blending democracy with federalism.
A 50-state solution allows each state to use its own distinct procedures and protocols for applying Section 3.
Persons:
Donald Trump, Trump’s
Organizations:
Capitol, United
Locations:
Colorado, United States