I am still absorbing the enormity of the Colorado Supreme Court's ruling that Trump is ineligible to appear on the ballot.
It was a long day, so forgive typing errors.
It seems to me that there was plenty of due process, Colorado law empowered its elections officer to determine qualification, and the elections officer did so.
I don't believe there has to a finding in criminal court that Trump engaged in insurrection for Section 3 to apply. . .
1/
The reason is becuase of the heightened standard of proof in criminal matters (beyond a reasonable doubt). The standard is high because in criminal court, a person stands to lose life, liberty, or property. Before the government can take those away, the standard of proof must be beyond reasonable doubt.
The Colorado court found, after examining evidence and lots of due process, that there was an insurrection.
2/
I also don't think that Congress needs to enact legislation. After all, we don't need legislation for "due process" or "equal protection" to apply (also in the 14th Amendment).
What is blowing my mind is imagining the consequences of the Supreme Court taking the case (I think they'll have to) and issuing a ruling.
I can't imagine a ruling that won't be . . . explosive* . . . one way or another.
*tired brain, searching for the right word.
3/
The reality is that Trump has been found to have engaged in an insurrection and he still has the full support of the Republican Party.
He now has findings of fraud, rape, and inciting an insurrection, and the Republican Party still loves him.
It isn't that they are closing their eyes to lawbreaking. It's more than that.
They are glorifying lawbreaking, which is what people do when they believe the government is not legimitate.
4/
They do not accept court rulings when they dislike those rulings. They do not accept the results of elections when they do not like the outcome.
By "they" I mean the hardcore MAGA Republicans.
This, of course, is the heart of the problem.
5/
@Teri_Kanefield
The south was always like that. This isn't a new development. There were always the laws on the books, and then the laws as they were enforced by the police/courts. Lynchings occurred whenever a court failed to dispose of an unwanted person. Don't like a politician? Shoot them.
@eva_chaos @Teri_Kanefield I know the series Yellowstone is fiction, but I get the sense that it's not far off reality for many parts of the country. Democracy, Justice and Government are inconveniences that aren't relevant for these vast empty places where you can isolate yourself if you have power and money.
@davoloid @Teri_Kanefield
It's nothing more than a patchwork of fiefdoms each with a police/sheriff's department providing a private army to protect local interests. Everyone is related, and if you aren't, you have to go.