Colorado District Court “Holds that Section Three of the Fourteenth Amendment Does Not Apply to Trump”
Today, a state District Court in Colorado rejected a Section 3 challenge to President Trump’s eligibility. The court found that President Trump engaged in insurrection, but held that the presidency is not an “Officer of the United States” for purposes of Section 3. This is the argument that Seth Barrett Tillman and I have advanced. The full opinion is over 100 pages long. The analysis of the officer issue begins on page 95. Here is an excerpt, staring on p. 99:
311. On the other hand, Intervenors argue that five constitutional provisions show that the President is not an “officer of the United States.”
• The Appointments Clause in Article II, Section 2, Clause 2 distinguishes between the President and officers of the United States. Specifically, the Appointments Clause states that the President “shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law.” U.S. CONST. art. II, § 2, cl. 2.
• The Impeachment Clause in Article II, Section 4 separates the President and Vice President from the category of “civil Officers of the United States:” “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” U.S. CONST. art. II, § 4.
• The Commissions Clause in Article II, Section 3 specifies that the President “shall Commission all the Officers of the U
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
