The problem I see with that argument is that The law prohibiting insurrection, USC 18 § 2383 was passed in 1948. While Amendment 14 was
Ratified in 1866.
So at that time, conviction for insurrection was not a requirement.
One may argue that due process wasn’t provided in Colorado, taking Trump off the ballot. Except it was. The initial trial was concerned with two main questions. First, did Trump partake in insurrection? Second, does the 14th apply?
The judge heard evidence provided by both sides in the case for each question and then, in the ruling, provided a detailed explanation for their reasoning that Trump did partake in insurrection but that the 14th did not apply.
I presume the Colorado Supreme Court offered similarly detailed justification for their ruling which upheld that Trump did insurrection but that the 14th does apply.
The 14th isn’t criminal law. It is concerned with the running of the government. Just like impeachment and subsequent conviction of a president doesn’t require the president to be charged with “high crimes and misdemeanors”, neither foes the 14th require conviction of a USC 18 (or any other) crime. The determination isn’t left to criminal trial it is up to legal proceedings separate from that.
It is true he hasn’t been convicted.
The problem I see with that argument is that The law prohibiting insurrection, USC 18 § 2383 was passed in 1948. While Amendment 14 was Ratified in 1866.
So at that time, conviction for insurrection was not a requirement.
One may argue that due process wasn’t provided in Colorado, taking Trump off the ballot. Except it was. The initial trial was concerned with two main questions. First, did Trump partake in insurrection? Second, does the 14th apply?
The judge heard evidence provided by both sides in the case for each question and then, in the ruling, provided a detailed explanation for their reasoning that Trump did partake in insurrection but that the 14th did not apply.
I presume the Colorado Supreme Court offered similarly detailed justification for their ruling which upheld that Trump did insurrection but that the 14th does apply.
The 14th isn’t criminal law. It is concerned with the running of the government. Just like impeachment and subsequent conviction of a president doesn’t require the president to be charged with “high crimes and misdemeanors”, neither foes the 14th require conviction of a USC 18 (or any other) crime. The determination isn’t left to criminal trial it is up to legal proceedings separate from that.