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What To Think About Colorado and the 14th Amendment

 Member Newsletter
December 20, 2023 2:04 p.m.
White House/Supreme Court
(TPM Illustration/Getty Images)

Let me briefly address this Colorado disqualification issue. Does it apply and should it apply to ex-President Donald Trump, disqualifying him from serving again as President?

Before delving into the constitutional text, let’s discuss how we should think about this issue, because there’s a lot going on here besides the plain text of the 14th Amendment. Criticisms that I hear are that barring Trump from the ballot is simply undemocratic. Trump has many supporters and they should be allowed to vote for him. At least in the abstract, good point. Another is that attempting to disqualify Trump and barring him from the ballot may actually help him, allowing him to play the victim and, perversely, to wear the mantle of democratic legitimacy.

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