Colorado Supreme Court Disqualifies Trump from 2024 Ballot

December 21, 2023

The Supreme Court in Colorado has ruled that former US President Donald Trump should be removed from the state’s presidential election ballot in 2024. The court cited Trump’s alleged involvement in the January 6, 2021 attacks on the US Capitol as grounds for disqualification. The move comes as Trump supporters protested the election victory of Democratic candidate Joe Biden, claiming electoral fraud.

Basis for Disqualification

The court’s decision was based on Section 3 of the 14th Amendment to the US Constitution. This section states that individuals previously elected to government office who engaged in insurrection or rebellion cannot hold office again. In Trump’s case, the court found him “disqualified from holding the office of President” under this constitutional provision.

Historical Context of the 14th Amendment

The 14th Amendment was enacted between 1866 and 1868 after the Civil War. Its purpose was to extend liberties and rights to formerly enslaved people. Section 3 specifically addresses the disqualification of individuals involved in insurrection against the United States. The post-Civil War amendments aimed to accord rights to former slaves, including citizenship.

Impact on Constitutional Politics

Mark A Graber, a law professor, notes that the 14th Amendment reflects the commitment made by the nation after the Civil War to govern through constitutional politics. It emphasizes that political and constitutional changes must adhere to the rules set out in the Constitution, discouraging the use of force or violence as substitutes for democratic processes.

Rare Application of Section 3

The application of Section 3 in disqualifying a former President is unprecedented and marks a rare test of this constitutional provision. The Supreme Court, with a majority of conservative judges, is now set to consider Trump’s challenge to the Colorado ruling. Even if upheld, the impact would be limited to Trump’s eligibility in Colorado for the 2024 election.

Potential Impact on Trump’s 2024 Candidacy

While the Colorado ruling may hinder Trump’s candidacy in that state, traditionally won by the Democratic party, its broader impact on his electoral prospects remains uncertain. Section 3 has rarely been tested in court, making this case unique. The court’s decision, if affirmed, would set a precedent for future interpretations of the 14th Amendment in relation to former Presidents.

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