Indeed Sec 3 does not specifically require a conviction.
However Sec 1 requires "due process of law" before abridging the privileges of citizens; as well. I hafta say that argues strongly to me that someone must have been found guilty of "insurrection or rebellion" before Sec 3 could apply.
However the entire question is a PR exercise and rallying troll; because the CO Republican party has already announced their intention to return to Caucusing, instead of Primary, if they need to.
Article I, Section 3 of the Constitution clearly establishes that disqualification from office, and trial and punishment under law are parallel tracks, and can proceed independently.
Due process means all the prerequisites of a trial, motions, arguments about motions and rulings, potentially followed by a trial. That all took place in a Colorado state court. Trump got his due process. Indeed, he appealed the first trial's verdict. More due process.
The CO Republicans can maybe do what they want. Colorado got rid of its caucus system in 2016.
You might have a better "This is a PR stunt" straw man if you said CO swung Democrat pretty hard in 2020, even in conservative El Paso County, and Trump is extremely unlikely to get Electoral College votes from CO.
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[ 2.5 ms ] story [ 31.7 ms ] threadEdit to reply generally:
The 14th Amendment: https://www.law.cornell.edu/constitution/amendmentxiv
Indeed Sec 3 does not specifically require a conviction.
However Sec 1 requires "due process of law" before abridging the privileges of citizens; as well. I hafta say that argues strongly to me that someone must have been found guilty of "insurrection or rebellion" before Sec 3 could apply.
However the entire question is a PR exercise and rallying troll; because the CO Republican party has already announced their intention to return to Caucusing, instead of Primary, if they need to.
https://www.dailywire.com/news/colorado-republican-party-to-...
https://crsreports.congress.gov/product/pdf/LSB/LSB10569/1
The CO Republicans can maybe do what they want. Colorado got rid of its caucus system in 2016.
You might have a better "This is a PR stunt" straw man if you said CO swung Democrat pretty hard in 2020, even in conservative El Paso County, and Trump is extremely unlikely to get Electoral College votes from CO.