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ALAN DERSHOWITZ: The Ridiculous Colorado Ruling To Keep Trump Off Ballot Will Create Disarray In US Electoral System

The decision by the all-Democrat Supreme Court of Colorado to remove Donald Trump from the ballot is among the most undemocratic and unconstitutional rulings that I have ever read in my 60 years of teaching and practicing law.

The 4-3 judgment purports to derive its authority from Section 3 of the 14th Amendment, which was enacted after the Civil War. The measures were designed to prevent individuals who had engaged in the insurrection and rebellion of 1861-1865 from running for certain political offices.

But authors of the 14th Amendment never intended for it to be used to deny voters the right to decide who their next president would be in all future elections.

To the framers of this amendment that would have been utterly ridiculous.  Consider the historical context of the 14th Amendment’s passage. At the time, the United States included confederate states that had recently been put down by force.

Why would the Congress have wanted to empower the former rebel states? If given the power to boot candidates off the ballot they might well do mischief.

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