There is a debate raging on the Left about the Colorado Supreme Court’s unconstitutional decision to strip Donald Trump off the ballot.
The decision, as you know, is based on a claim that Trump’s behavior post-election amounted to “insurrection” and that the 14th Amendment precludes insurrectionists from running for president.
I am no lawyer, but I can see many problems with this argument, including the obvious one that insurrection is a legal term with a specific definition. As it is a violation of a law, an insurrectionist must be convicted to be defined as such.
In other words, you can’t just say, “He is an insurrectionist,” and Wham! he is ineligible to be president. We have a legal system in which there is a presumption of innocence, and, by the way, Trump is not even charged, no less convicted of “insurrection” or “rebellion.”
Lots of lawyers have…
