CONSTITUTIONAL LAW-FOURTEENTH AMENDMENT-SECTION 3-INSURRECTION OR REBELLION

Section 3 of the Fourteenth Amendment provides that no person may hold office who has engaged in insurrection or rebellion or given comfort or aid to the enemies of the U.S. Congress may vote by two-thirds of each House to remove such disability. This pertains to a person who seeks to hold office in the United States or any state who has previously taken an oath of office. The court ruled that this section prohibits a state, in this case Colorado, from finding that Donald Trump engaged in an insurrection or rebellion. Only Congress can make that determination for a federal officer. States can do it for a state officer. In addition, the majority said that there needs to be enabling legislation to enforce Section 3, but there is none in this scenario. The minority, which went along with the opinion that Colorado could not remove Trump, said that the court went too far in saying that there needed to be enabling legislation.