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zataomm  11mo ago (text post)   5751 thread views

Colorado Supreme Court Thread

Link to the decision

I don't know to what extent there are established precedents for when a topic is worthy of a mega-thread, but this decision seems like a big deal to me with a lot to discuss, so I'm putting this thread here as a place for discussion. If nobody agrees then I guess they just won't comment.

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The dissent also says,

this is the only federal legislation in existence at this time to potentially enforce Section Three

My guess is that, because the statute provides for a criminal penalty and disqualification for public office, it might be a separate penalty as opposed to an implementation of the 14th A. The statute does seem broader than the 14th Amend, FWIW, since the 14th applies only to those who have taken an oath to support the Constitution, whereas the statute applies to all who engage in insurrection. Someone who violates the statute but who did not violate the 14th because he never took an oath can still be President, since the Constitution establishes the exclusive qualifications for the offices of President, Senator, Congressperson, etc (see cases annulling term limits on Congress).

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