Dem-appointed Colorado justice says Trump ballot ban undermines ‘bedrock’ of America in fiery dissent

Fox News ^ | December 20, 2023 | Anders Hagstrom

[Lakeside Granny]

The Colorado Supreme Court’s decision to ban former President Trump from the state’s primary ballot undermines a “bedrock principle” of American democracy, one of the court’s Democrat-appointed justices wrote in a fiery dissent.

Justices Carlos Samour, Maria Berkenkotter and Chief Justice Brian D. Boatright all dissented, but Samour was particularly critical of the 4-3 ruling. Samour and Boatright were each appointed by Democratic former Gov. John Hickenlooper, while Berkenkotter was appointed by current Gov. Jared Polis, also a Democrat.

“The decision to bar former President Donald J. Trump — by all accounts the current leading Republican presidential candidate (and reportedly the current leading overall presidential candidate) — from Colorado’s presidential primary ballot flies in the face of the due process doctrine,” Samour wrote.

[MayflowerMadam]

“Leo Terrell ... nailed the problem”

It’s good to know that “Leo 2.0” is still going strong. I was impressed with his conversion those few years ago and wondered if it would stick. Looks like it did.

[Tell It Right]

I'll address both of your posts together since my response is the same. This is about the handling of Jefferson Davis specifically (or I imagine anybody else high up in the confederacy), and about if the Amnesty Act was just for confederates and not for any future insurrectionists.

Here's the excerpt from Amendment 14 Section 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.

And here's the 1872 Amnesty Act:Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each house concurring therein), that all political disabilities imposed by the third section of the fourteenth article of amendments of the Constitution of the United States are hereby removed from all persons whomsoever, except Senators and Representatives of the thirty-sixth and thirty-seventh Congresses, officers in the judicial, military, and naval service of the United States, heads of departments, and foreign ministers of the United States.

My take: This looks to me like the Republican majority Congress of 1872 kept the insurrection clause in place retroactively during the Civil War years, but nullified it going forward after that (including their current Congress in 1872). The 36th Congress was inaugurated in 1861, the 37th was inaugurated in 1863. Thus beginning with the 38th Congress, inaugurated in 1865, the insurrection clause was no longer in effect. I read that as the Republican Congress in 1872 saying they're not going to use the 14th Amendment to undo laws passed from 1865 (the idea being some Dims who were prior confederates were elected in Congress before the 1872 Amnesty Act, but the Republicans count them as legit).

Past confederate officers who were still alive ran for office and served in government. For example, Alabama's US Senator John T Morgan (a Dim) was elected in 1876 even though he had been a brigadier general for the confederates. By being inaugurated in 1877 he was not part of the 36th or 37th Congress that the insurrection clause wasn't exempted by the Amnesty Act.

Another example was Lt Mosby from the confederates later served as Grant's consul to Hong Kong. Thus the Amnesty Act's "...and foreign ministers of the United States" evidently was meant to be nullified going forward as well.

[Tell It Right]

Jefferson Davis wasn’t barred from office officially, but he was ridiculed enough that it was impractical. Word got out that he tried to sneak from being captured by wearing his wife’s clothes. Whether that actually happened or not, his reputation was tarnished, particularly with him having been in prison for a while (though he was never tried and eventually released). He lived in Europe for a while to escape the ridicule. After he returned, he turned down because he didn’t want to bring shame to (like working at a college).

[ConservativeDude]

Joseph Wheeler also

I still don’t understand why no one is contending with the Amnesty Act in the current discussion

But I’d say that Joseph Wheeler was an insurrectionist. He served in Congress, and in the military again under McKinley later.

If he was eligible, then, Jeff Davis (or RE Lee, or whomever) was eligible.

Which runs contrary to what we are hearing in the media. “If Confederate insurrectionists were not eligible, then neither is Trump”.

Confederates were not only eligible, they served.

But facts don’t matter in today’s world

[gloryblaze]

Thanks. Good fodder for some thinking. Check this out, too, especially the 4th from bottom paragraph:

https://www.cnn.com/2022/05/24/politics/madison-cawthorn-civil-war-amnesty-law/index.html

[Tell It Right]

My take is that the text of the 1872 Amnesty Act does put a timeframe on when it applies to. It does that by listing the timeframe the Amnesty Act does NOT apply to: the 38th and 39th Congress.

The leftist courts are reading into the Amnesty Act a limit not stated in the act: that it doesn't apply going forward. Nope: the amnesty (amnesty from insurrection clause, not "amnesty" like we use the word today about illegal aliens) in the Amnesty Act has no limits except what's explicitly stated in the Act.

[gloryblaze]

Yet more on the subject. I think there is a reason no one is discussing it in the media. It’s been tried and failed.

https://www.bostonglobe.com/2022/03/11/opinion/confederate-amnesty-act-must-not-insulate-jan-6-insurrectionists/

[x]

Melissa Hart is the granddaughter of Archibald Cox of Watergate fame.

The jury’s still out on whether she was also a teenage witch.

[Tell It Right]

I believe that’s unrelated. That’s about whether or not a man can go to jail for “insurrection”. That’s not about if he can later serve in office.

[Syncro]

And the DemoMarxists and RINOs like Lez Cheney continue to say Trump will bring tyranny to the USA. Do these idiots ever look at the big picture what’s going around them...???

****

Lol good point!

Liz and Co. have ALREADY BROUGHT IT!

Biden and Co are the Dictators!

[Heff]

Lets just see where this goes... Most Americans are STILL sitting in silence as unelected judges continue to ruin the country. Conservatives are sooooo afraid of the truth... and we have NO FIGHT whatsoever. Prove me wrong.