Four Historians File Amicus in U.S. Supreme Court in Trump Ballot Access Case

Posted on by January 29, 2024

On January 29, four prize-winning historians filed this amicus curiae brief in the U.S. Supreme Court in Trump v Anderson, 23-719, the Colorado ballot access case. They argue that the Fourteenth Amendment, Section Three, is self-executing, is still in force, and applies to presidents.

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Four Historians File Amicus in U.S. Supreme Court in Trump Ballot Access Case — 22 Comments

  3. Nice history lesson on Radical Republicans campaign strategy to hold power. However, the historians offer no insight on what actions constitute insurrection today. No secession was effected on January 6, 2020.

  5. And they would be wrong, because of Section 5 of the 14th, the 5th, and 18 USC 2383.

    They must have won prizes in revisionist history.

  6. If anyone reads the amicus, they can read the qualifications of those historians near the front.

  8. I expect to hear a lot from the current court about whether 14-3 is “self-executing”

    It will be a key point in the whole argument.

    Among others.

  11. USA Constitution – Officer(s) – Office(s) Nov 2023

    1-2-5 The House of Representatives shall chuse their Speaker and other Officers; ***.
    1-3-5 The Senate shall chuse their other Officers, ***
    1-3-7 Judgment in Cases of impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
    1-6-2 No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
    1-8-18 To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
    1-9-8 No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

    2-1-1 The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows
    2-1-2 Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
    2-1-5 No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
    2-1-6 In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
    2-1-8 Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—“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.”
    2-2-1 The President *** may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, ***.
    2-2-2 *** he shall nominate, and by and with the Advice and Consent of the Senate, 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: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
    2-3 He *** shall Commission all the Officers of the United States.
    2-4 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.

    3-1 The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

    6-3 The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

    12 Amdt ****** But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

    14 Amdt-3 No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

    22 Amdt-1 No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.

    25 Amdt-1 In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
    25 Amdt-2 Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
    25 Amdt-3 Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
    25 Amdt-4 Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
    Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
    —
    GEE – HOW MANY MENTIONS OF Officer(s) AND Office(s) ???

    SOMEHOW DIFFERENT IN EACH ARTICLE / SECTION / CLAUSE ???

  14. TIL: Jefferson Davis was never convicted of treason. But, he argued during his treason trial that he was already barred from seeking office under the 14th.

  16. For a refreshing change, this is a professor with a modicum of respect for the intelligence of laymen.

  18. Let us agree for the purpose of argument that being under the age of 30 is not a crime, and further reject Richard Winger’s argument that not being qualified to hold an office should not prevent someone from being excluded from a ballot.

    Then election officials can bar someone under 30 being on a senatorial ballot. There is a an objective standard as to age, though it might need supporting evidence. We might also have to consider whether the person might reach the age of 30 relatively soon after their term begins.

    Even though Congress passes naturalization laws, as well as laws establishing citizenship at birth, there can be an objective determination whether the candidate will have been a US Citizen for 9 years by the time his term begins or soon thereafter.

    We can not predetermine whether a person will be a resident of a state on election day, and thus can not bar them from the ballot, but there is at least a quasi-objective standard as to where a person is resident (or domiciled).

    But is there an objective standard for insurrection? Did the court in Colorado first establish what “insurrection” was, then determine if Donald J. Trump had committed those acts, or did the court in Colorado determine that Trump’s actions were insurrection?

  19. @RW,

    Jill Leplore was awarded the Bancroft Prize for her book about King Phillips War which occurred roughly two centuries before the Civil War.

  20. I commented on the wrong article. That was supposed to be re: Tillman.

  21. WERE THE 19 APR 1775 BATTLES OF LEXINGTON AND CONCORD AN I/R AGAINST THE KG III BRIT REGIME ???

    1786 SHAY’S REBELLION IN W MASS.

    1787 CONST – 1-8-15 I/R DERIVED FROM SEVERAL I/R IN OLDE ENGLAND- LATER UK

    WAS THE 1791-1794 WHISKEY REBELLION IN W. PENN. AN I/R AGAINST THE USA — FIRST INTERNAL REVENUE ACT IN 1791 ???

    SOME W/R WERE FOLKS CHARGED WITH TREASON. SEE EARLY SCOTUS REPORTS

    HOW MANY SLAVE REBELLIONS IN 1619-1775 AND 1775-1861 IN SLAVE STATES ???

    4-4 *DOMESTIC VIOLENCE* — SEE 1960’S RIOTS IN LOS A. AND DETROIT ESP.

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