Trump disqualification Colorado ruling backed by Civil War historians in new filing: report
28 January 2024
According to a Sunday, January 28 report from The Guardian, a group of Civil War and Reconstruction historians are backing the Colorado Supreme Court's ruling to disqualify Donald Trump from political office under the 14th Amendment's insurrection clause.
In a brief filed to the US Supreme Court, the twenty-five historians wrote, "The court should take cognisance that section three of the 14th amendment covers the present, is forward-looking, and requires no additional acts of Congress for implementation."
The Guardian notes Trump attorneys "argue that the presidency is not an 'office' as described in the 14th amendment, that only congressional action can stop someone from running, and that Trump did not incite an insurrection."
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In their filing the historians "cited Andrew Johnson, in 1868 the first president impeached, referring to himself as 'chief executive officer,' according to the report, "Pointing out that section 3 of the 14th amendment is self-executing, and that 'no former Confederate instantly disqualified from holding office under section three was disqualified by an act of Congress', the historians also noted that Jefferson Davis, the Confederate president, cited his own disqualification as reason an indictment for treason should be quashed."
The group emphasized, “For historians, contemporary evidence from the decision-makers who sponsored, backed, and voted for the 14th amendment [ratified in 1868] is most probative. Analysis of this evidence demonstrates that decision-makers crafted section three to cover the president and to create an enduring check on insurrection, requiring no additional action from Congress."
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The Guardian's full report is here.