Ray Pelletier’s Post

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Do. Big. Things. Little things are too hard.

14A3 Ballot Disqualification Not my desired outcome but … SCOTUS will look for something, anything to hang its hat on. The SCOTUS default is to avoid a ruling on the merits of a case, in this case such as defining insurrection, officer, oath. In the Colorado case they can point to the Primary process that enables a party to select a nominee for the election ballot through the votes of Republicans and Independents only, and conclude this is not the ballot contemplated by the 14Th Amendment and the action is thus premature. However, if they want to effect the matter nationwide, SCOTUS will find that 14A3 is not self executing. States have legislation that enable it to disqualify state representatives for a violation of 14A3. However, POTUS and VPOTUS are the only 2 officers that are elected nationwide. SCOTUS could conclude that the authors would not have intended that individual states could determine this disqualification leading to a situation which was not uniform nationwide. Thus SCOTUS could determine that 14A3 is not self-executing and that Congress needed to have adopted legislation that would implement a process for disqualification for POTUS and VPOTUS.

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