cover image: In the Supreme Court of the United States

20.500.12592/v9s4t34

In the Supreme Court of the United States

5 Feb 2024

In our system of “government of the people, by the people, [and] for the people,”1 the American people — not courts or election officials — should choose the next President of the United States. [...] The Colorado Supreme Court is the lone outlier, and this Court should reverse, for the reasons below, and protect the rights of the tens of millions of Americans who wish to vote for President Trump. [...] And the on- ly sensible construction of this phrase — in light of the Appointments Clause, the Commissions Clause, and the Impeachment Clause — is that “officers of the United States” refers to appointed federal officials and excludes elected individuals such as the Speaker, the President Pro Tempore, and the President and Vice President.6 Anderson reiterates her claim that section 3 estab- lishes. [...] “Shall” means must,14 and “all” means every one.15 And when the Con- stitution requires every “officer of the United States” to be commissioned by the president, the contrapositive fol- lows as a matter of logic: Anyone who is not constitution- ally required to be commissioned by the President can- not be an “officer of the United States.” See Marbury v. [...] Then she insists that this caveat refers to the “appointments” of the Pres- ident, Vice President, Speaker of the House, and Presi- dent Pro Tempore of the Senate — which would make each of them into an “officer of the United States.” Id.
Pages
30
Published in
United States of America