Trump Colorado Case: What Is The 14th Amendment And How Has It Historically Been Used?

The Colorado Supreme Court ruled that former President Donald Trump should be kicked off the state’s ballot under the 14th Amendment, bringing to a head a brewing legal debate among judges and legal experts over whether Trump should be disqualified for being an “insurrectionist,” as the issue likely heads to the U.S. Supreme Court. Law professor and former General Counsel to the U.S. House of Representatives Stan Brand joins Brittany Lewis on "Forbes Newsroom" to discuss.

Fuel your success with Forbes. Gain unlimited access to premium journalism, including breaking news, groundbreaking in-depth reported stories, daily digests and more. Plus, members get a front-row seat at members-only events with leading thinkers and doers, access to premium video that can help you get ahead, an ad-light experience, early access to select products including NFT drops and more:

Stay Connected

[lindakent]

To every state doing this....i would not pay taxes. I would shop out of state...i would not vacation there..and anything else you can think of to cripple that state! Send a message PLEASE!

[cathycarter]

We the people have the right to vote for who we want

[mickeyscott]

Hey Colorado, you are being taxed without representation. You ok with that?

[markdegloria]

STALIN would be proud the United States is using his playbook.

[aurorathekitty]

There whole reason for the 14th amendment is a speech they took out of context. I will write Donald Trump name in if I have to.

[ltdc]

The only problem I see with the 14th is “who” officially determines “how” it’s violated.

[gregblum]

Come on US supreme court, knock this out ...dont waste time thinking about something so absurd...

[growthmindset]

Mark my words, the state of Colorado’s infringement on millions of Americans right to vote will have major consequences…. Have we learned nothing from history?

[lyricalcereal]

Colorado made a huge embarrassment of themselves. This ironically makes democracy look so bad. Me and everyone I’ve talked to is more committed to vote for trump than ever before. We are scared that this is the beginning of them taking away our voice. This election is the most important election of all time, and we need trump for America to be america again

[paulalascola]

It doesn't matter we will just write in his name

[bonniehammond]

Lets walk down there with peace and love our voices will be heard.

[johnlwhite]

Being accused of something doesn’t make it so. What happened to you are innocent until PROVEN guilty

[curtismatsune]

The Supremacy Clause of the Constitution states that federal law supersedes state law on Constitutional questions. As such, the federal interpretation of any and all Constitutional questions, in this case the 14th Amendment, supersedes any and all state interpretations. Furthermore, a state abrogating federal supremacy on a matter of Constitutional law and substituting its own supremacy clearly violates Due Process of Law.

Therefore, the Colorado decision fails both under the Supremacy Clause and Due Process of Law and as such must be overturned by the Supreme Court of the United States immediately.

[jeremywilsom]

Judges are supposed to be blind to justice, not use their powers for political purposes?

[wp]

a US leader is supposed to be more of a statesman and be proud of america not at odds with them

[itme]

The Supreme Court supersedes state law. FOLKS we can write in our nomination. Nothing can stop that right. God has his hand all over this and the people will be taking back our country! 💫💯✝️☦️🙏🏽 🇺🇸MAGA❤TRUMP❤2024🇺🇸 God bless America! 🫶🏽🫡

[dietsnapplewow]

Does not apply to the President and only Congress can make the call on this amendment period.. thats all that will be discussed when the supreme court sees it

[mai]

Its actually up to congrees not the courts or judges..

[rickpat-xu]

*Since Trump told everyone PEACEFUL MARCH to Capitol, THERE IS ZERO INSURECTION-SO THERE IS NO 14TH AMENDMENT ISSUE.*

[Stevespecs]

Thought only congress had that power and not an individual state. Don’t think it even applies to a president. The whole thing makes no sense