They are arguing that the oath doesn’t include the word “support” not that he didn’t take the oath. Not saying it’s a good argument but that’s what they are actually arguing.
“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”
Looks like the founding fathers fucked up, and the writers of the 14th amendment didn’t catch it.
The oaths of office for the Senate, House of Representatives, Supreme Court, and all civil and military offices except the presidency include the requirement to “support” the constitution. Even the vice presidency requires it, but the presidency does not.
I don’t think this distinction is particularly relevant. I don’t think the “previously swore an oath” requirement is particularly relevant. The “insurrection” part should disqualify him, and the Colorado judge ruled that he did, in fact, commit insurrection.
I am curious whether he ever made a campaign speech or other public statement about the constitution, and used the word “support”.
“Elector of the President or Vice President” is an office. Even if this ruling means that Trump himself can’t be disqualified from running, his electors (as in: the electoral college) can be disqualified for providing “aid or comfort” to an insurrectionist by voting for him.
Yeah it’s pretty wild. Someone else linked the full ruling below, but the relevant parts are:
The Court holds there is scant direct evidence regarding whether the
Presidency is one of the positions subject to disqualification. The disqualified offices
enumerated are presented in descending order starting with the highest levels of the
federal government and descending downwards. It starts with “Senator or
Representatives in Congress,” then lists “electors of President and Vice President,” and
then ends with the catchall phrase of “any office, civil or military, under the United
States, or under any State.” U.S. CONST. amend. XIV, § 3.
I despise Trump and think he absolutely should be disqualified from holding office (including the presidency) - AT A MINIMUM. I’m also far more a “spirit of the law” advocate than “letter of the law”. With that said, the findings of the judge are perfectly reasonable in full context. The letter of the law clearly omits in its enumerations the office of the presidency. For this to have been merely a mistake would be so monumental an oversight as to make it highly unlikely. If there had been no listing of included offices, then the catch-all portion of that language would perhaps inarguably include the presidency (because of course it SHOULD be included). Thus, this omission also strikes at the spirit of the law. What the judge is saying is that the fact this list is included, yet fails to include so obvious an office one would imagine should be included (the presidency), indicates - absent compelling evidence to the contrary - that the Founders intended it to be omitted. In other words, absent said evidence, neither the letter of the law nor the spirit of the law suggest the presidency was meant to be included.
This is a circumstance in which I would argue the judge ain’t wrong and if we’re not happy with that, then the law needs to be changed.
I see your point, but can’t help thinking this from a layman’s perspective. If I were going out of town for the weekend and left a note for my kids that said “While I’m away, no keggers, ragers or any other types of parties at the house.” Then I come back to find out they held a massive rave that destroyed my house, and they say “obviously a rave wasn’t included when you said any other types of parties. A rave is bigger than a kegger or a rager.” I would be more than a bit upset.
They are arguing that the oath doesn’t include the word “support” not that he didn’t take the oath. Not saying it’s a good argument but that’s what they are actually arguing.
Emphasis mine.
I feel like if that’s your argument, you absolutely have no business being president.
He didn’t and doesn’t.
I wonder what their definition of “support” is and how they plan on using that as a defense.
Or what their definition of “defend” is, and how they plan to use that as support.
Well. I mean he didn’t literally carry the constitution around. So he wasn’t supporting it that way.
The Constitution wasn’t a foetus. Republican support ends at birth.
Looks like the founding fathers fucked up, and the writers of the 14th amendment didn’t catch it.
The oaths of office for the Senate, House of Representatives, Supreme Court, and all civil and military offices except the presidency include the requirement to “support” the constitution. Even the vice presidency requires it, but the presidency does not.
I don’t think this distinction is particularly relevant. I don’t think the “previously swore an oath” requirement is particularly relevant. The “insurrection” part should disqualify him, and the Colorado judge ruled that he did, in fact, commit insurrection.
I am curious whether he ever made a campaign speech or other public statement about the constitution, and used the word “support”.
The judge also found that the “Office of President of the United States” was not an office of the United States… so yeah…
“Elector of the President or Vice President” is an office. Even if this ruling means that Trump himself can’t be disqualified from running, his electors (as in: the electoral college) can be disqualified for providing “aid or comfort” to an insurrectionist by voting for him.
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Yeah it’s pretty wild. Someone else linked the full ruling below, but the relevant parts are:
Edit: Starting on page 95 of this doc if you want to read it yourself: https://www.courts.state.co.us/userfiles/file/Court_Probation/02nd_Judicial_District/Denver_District_Court/11_17_2023 Final Order.pdf
I despise Trump and think he absolutely should be disqualified from holding office (including the presidency) - AT A MINIMUM. I’m also far more a “spirit of the law” advocate than “letter of the law”. With that said, the findings of the judge are perfectly reasonable in full context. The letter of the law clearly omits in its enumerations the office of the presidency. For this to have been merely a mistake would be so monumental an oversight as to make it highly unlikely. If there had been no listing of included offices, then the catch-all portion of that language would perhaps inarguably include the presidency (because of course it SHOULD be included). Thus, this omission also strikes at the spirit of the law. What the judge is saying is that the fact this list is included, yet fails to include so obvious an office one would imagine should be included (the presidency), indicates - absent compelling evidence to the contrary - that the Founders intended it to be omitted. In other words, absent said evidence, neither the letter of the law nor the spirit of the law suggest the presidency was meant to be included.
This is a circumstance in which I would argue the judge ain’t wrong and if we’re not happy with that, then the law needs to be changed.
I see your point, but can’t help thinking this from a layman’s perspective. If I were going out of town for the weekend and left a note for my kids that said “While I’m away, no keggers, ragers or any other types of parties at the house.” Then I come back to find out they held a massive rave that destroyed my house, and they say “obviously a rave wasn’t included when you said any other types of parties. A rave is bigger than a kegger or a rager.” I would be more than a bit upset.
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It’s the Air Bud loophole for fascists.
I would much rather have a golden retriever as my president
TIL that in basketball it’s legal to head the ball like in soccer
I think it’s only a foul if feet touch the ball
Ahh semantics. “Lawyers hate this one trick”