Former President Donald Trump Files Brief in Nevada Ballot Access Case

On October 2, former President Donald Trump filed this brief in Castro v Aguilar, 2:23cv-1387. This is the case in which John Anthony Castro has sued the Nevada Secretary of State to keep Trump off the Nevada Republican primary ballot.

The brief makes many points, but the most interesting part of the brief explains why the Fourteenth Amendment, section 3, does not apply to presidential candidates. Section 3 mentions congressional candidates, and candidates for presidential elector, but no other specific offices. It goes on to include “any office, civil or military, under the United States, or under any State”. Many readers believe it is obvious that “president” is an “office…under the United States”, but the brief does a good job of rebutting that presumption.

The brief points out that presidents do not take an oath to “support” the Constitution. Instead, the Constitution says presidents take an oath to “preserve, protect and defend” the Constitution. But every other federal officer takes an oath to “support the Constitution”, and the 14th amendment, section three, only applies to people who had previously taken an oath to “support” the Constitution.


Comments

Former President Donald Trump Files Brief in Nevada Ballot Access Case — 16 Comments

  1. Yes, SCOTUS will crush all the 14-3 nonsense against Trump and he will at long last be our President again.

  2. HOW COME THOSE TRUMP SO-CALLED LAWYERS LOST ABOUT 60 PLUS CASES IN 2020-2021 SO TRUMP LOST THE 2020 PREZ ELECTION ???

  3. AZ NONSENSE:

    1. BIASED JUDGES (MORONS)

    2. BEIJING BIDEN IS THEIR ALL BUT OFFICIAL NOMINEE. DATES NOT IMPORTANT.

  4. Since only Presidential Electors, elected or appoint, vote for a President, only those persons Electors vote for are actual candidates. Anyone may seek to be a candidate and voters may vote for any Electors, except those prohibited by laws that channel voters to duopoly Electors.
    Regardless for whom Electors decide is a candidate, the Congress has the last word deciding who may HOLD the office from the top three candidates proposed by Electors if they give none of their candidates a majority. Even if a candidate of the Electors has a majority Congress can disqualify Electors votes for whatever reasons they deem necessary and proper.
    It’s all designed to make people believe they have a power they do not have. A governing elite always chooses the President and Vice President regardless of democratic window dressing. And like all humans they can screw up their own intentions.

  5. DEMS WITH P.R. DELEGATES IN NATL PREZ CONVENTIONS –

    BIT MORE *DEMOCRATIC* IN GETTING PREZ CANDIDATES–

    CLINTON, OBAMA

  6. Courts have ruled that the real candidates — the real parties-in-interest — are the electors, not the presidential d vice presidential nominees.

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