this post was submitted on 05 Jan 2024
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[–] ericisshort@lemmy.world 238 points 10 months ago* (last edited 10 months ago) (39 children)

But that district court judge, Sarah Wallace, ultimately ruled that Trump could remain on the ballot because she said it was not clear that the drafters or ratifiers of the 14th Amendment intended to cover the presidency in the insurrection clause.

This part really pissed me off. The 14th amendment is pretty clear that it refers to any and all people. Is it just me, or is judge Wallace implying that it isn’t clear that the founders believed the president is a person?

[–] IHeartBadCode@kbin.social 166 points 10 months ago (20 children)

It does apply to the President. Colorado's judge erred here because they did not have access to Federal documents.

We have the minutes from the 39th Congress that literally indicates that it applies to the President.

Why did you omit to exclude them [The office of the President and Vice President]?

— Sen. Reverdy Johnson (D-MD)

Let me call the Senator's attention to the words 'or hold any office, civil or military, under the United States'

— Sen. Lot Morrill (R-MA)

It was a very specific question that was answered by the Senate while they were discussing it. So Judge Wallace's determination is incorrect on the merits. Judges can be wrong sometimes, that's why we have appeals.

[–] arensb@lemmy.world 28 points 10 months ago (1 children)

You assume that the originalists on the court care what the framers of the amendment thought, when it goes against the decision they want to render.

[–] AnneBonny@lemmy.dbzer0.com 1 points 10 months ago

Do you think the judge on Colorado was an originalist who made their ruling in bad faith, or that they are just evade responsibility for the ruling?

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