THE READER'S TURN
Section 3 of 14th Amendment Not Applicable for Ruling Trump out of 2024
I don’t believe that Section 3 of 14th Amendment is self-executive and therefore can not be applied directly by the court.
By The Reader's Turn
12/26/2023 Updated: 1/2/2024
The Colorado Supreme Court ruled that President Trump is disqualified from serving as U.S. president and cannot appear on the primary ballot in Colorado because of his role in Jan. 6, 2021.
I differ.
I don’t believe that Section 3 of 14th Amendment is self-executive and therefore can not be applied directly by the court.
All terms in the Constitution protecting the rights of the people can be self-executive, because we the people have the unalienated rights; but all terms depriving rights from the people (including officers) can not be self-executive, because the depriving needs due process and must satisfy a kind of scrutiny to balance-check the state’s compelling interests. My personal choice is not only traditional strict scrutiny, but another step higher, the “strictest” one. Because even Amendments like the 13th and 14th were added for reconstruction of the nation after the Civil War, there was no further application in history of this Section, which was purposely aiming at the punishment of the officers of the Southern Confederate states. That’s the reason that our nation reunited again quickly and became the strongest in the world.
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READ MORE: https://www.theepochtimes.com/article/section-3-of-14th-amendment-not-applicable-for-ruling-trump-out-of-2024-post-5553060?ea_src=frontpage&ea_med=top-news-reader-0
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