Californiaās lieutenant governor sent a letter to the stateās secretary of state on Wednesday asking her to explore "every legal option" to remove former President Don...
The argument is that section 3 of the 14th amendment is self-executing which in legal terms means that he doesnāt have to be convicted for it to take effect. Similarly, we donāt have to obtain a court ruling that Vladimir Putin isnāt eligible to run for US president, for example, because the part of the Constitution requiring presidential candidates to be natural born citizens is also self-executing.
Whether or not section 3 is in fact self-executing is not settled law, so that could be one way the SCOTUS overturns the Colorado decision, as I think is likely.
The upshot is that given the above, you are in fact incorrect as a legal matter since itās well within the Colorado supreme Courtās remit to rule that section 3 is self-executing whether we agree or not.
The argument is that section 3 of the 14th amendment is self-executing which in legal terms means that he doesnāt have to be convicted for it to take effect. Similarly, we donāt have to obtain a court ruling that Vladimir Putin isnāt eligible to run for US president, for example, because the part of the Constitution requiring presidential candidates to be natural born citizens is also self-executing.
Whether or not section 3 is in fact self-executing is not settled law, so that could be one way the SCOTUS overturns the Colorado decision, as I think is likely.
The upshot is that given the above, you are in fact incorrect as a legal matter since itās well within the Colorado supreme Courtās remit to rule that section 3 is self-executing whether we agree or not.