"313. Here, after considering the arguments on both sides, the Court is persuaded that “officers of the United States” did not include the President of the United States. While the Court agrees that there are persuasive arguments on both sides, the Court holds that the absence of the President from the list of positions to which the Amendment applies combined with the fact that Section Three specifies that the disqualifying oath is one to “support” the Constitution whereas the Presidential oath is to “preserve, protect and defend” the Constitution, 19 it appears to the Court that for whatever reason the drafters of Section Three did not intend to include a person who had only taken the Presidential Oath"

  • Quote

Name

"313. Here, after considering the arguments on both sides, the Court is persuaded that “officers of the United States” did not include the President of the United States. While the Court agrees that there are persuasive arguments on both sides, the Court holds that the absence of the President from the list of positions to which the Amendment applies combined with the fact that Section Three specifies that the disqualifying oath is one to “support” the Constitution whereas the Presidential oath is to “preserve, protect and defend” the Constitution, 19 it appears to the Court that for whatever reason the drafters of Section Three did not intend to include a person who had only taken the Presidential Oath"

Types

Quote

Author

District Court, city and county of Denver, Colorado

Claims from

District Court of Colorado in case "Anderson v. Griswold" ruled not to remove Donald Trump from the ballot of Republican US Presidential election primaries on the basis of its finding that Trump was not constitutionally disqualified, because the relevant language of Section 3, in the court’s estimation, does not apply to the office of president of the United States

Source

Colorado district Court ruling in case "Anderson v Griswold"

Source URL

https://www.courts.state.co.us/userfiles/file/Court_Probation/02nd_Judicial_District/Denver_District_Court/11_17_2023%20Final%20Order.pdf

Referenced by

District Court of Colorado in case "Anderson v. Griswold" ruled not to remove Donald Trump from the ballot of Republican US Presidential election primaries on the basis of its finding that Trump was not constitutionally disqualified, because the relevant language of Section 3, in the court’s estimation, does not apply to the office of president of the United States

US Politics

Claim