In the wake of the Colorado Supreme Court ruling that bars Donald Trump from the ballot in the state’s primary and general elections, The Conversation U.S. asked Mark A. Graber, regents professor of law at the University of Maryland Carey Law School, what this all means – for Trump, for regular Americans and for the 2024 election.
The key questions are about Section 3 of the 14th Amendment to the U.S. Constitution. That provision bars people from holding federal and state offices if they have taken an oath to uphold the Constitution and then violated that oath by participating in an insurrection.
Graber filed an amicus brief that was technically in support of the voters seeking to block Trump from the ballot, but focused specifically on the history of Section 3 of the 14th Amendment. Some of Graber’s scholarly works, including a journal article and a book, were cited in the court’s decision.
The court’s ruling has sparked a nationwide outcry – both in support of its conclusions and in opposition to them. And many other states may have to make similar decisions.
Supporters of the court’s decision say it correctly determined that Trump swore an oath to uphold the Constitution at his inauguration, then participated in an insurrection on Jan. 6, 2021, and therefore is not qualified to serve as president. Critics of the decision say judges are trying to usurp voters’ right to choose the president they want.
In the wake of the Colorado Supreme Court ruling that bars Donald Trump from the ballot in the state’s primary and general elections, The Conversation U.S. asked Mark A. Graber, regents professor of law at the University of Maryland Carey Law School, what this all means – for Trump, for regular Americans and for the 2024 election.
The key questions are about Section 3 of the 14th Amendment to the U.S. Constitution. That provision bars people from holding federal and state offices if they have taken an oath to uphold the Constitution and then violated that oath by participating in an insurrection.
Graber filed an amicus brief that was technically in support of the voters seeking to block Trump from the ballot, but focused specifically on the history of Section 3 of the 14th Amendment. Some of Graber’s scholarly works, including a journal article and a book, were cited in the court’s decision.
The court’s ruling has sparked a nationwide outcry – both in support of its conclusions and in opposition to them. And many other states may have to make similar decisions.
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