When he tried to get his case transferred out of Georgia state court to federal court, Trump argued he was entitled to do that because he was a federal officer performing his official duties. But now that he’s facing removal from state ballots under Section 3 of the 14th Amendment, which forbids officers of the U.S. who have taken an oath to support the Constitution but engaged in insurrection from holding federal public office, he’s claiming he’s not an officer of the U.S. He can’t have it both ways.

@georgetakei He can, though, because "officer" is defined differently in the two laws (one a statute, the other in the Constitution).

I wish it were otherwise.

@msbellows @georgetakei Is the Colorado ruling correct that the president is not an officer?

@cowvin @georgetakei Reluctantly, I think it probably is. Here are the actual words of Amendment 14, Section 3:

"No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability."

@cowvin @georgetakei And here's the legal doctrine of ejusdem generis:

"Ejusdem generis (ee-joose-dem gen-ris) is a Latin phrase that means 'of the same kind.'The statutory and constitutional construction principle of 'ejusdem generis' states that where general words or phrases follow a number of specific words or phrases, the general words are specifically construed as limited and apply only to persons or things of the same kind or class as those expressly mentioned. For example, if a law refers to automobiles, trucks, tractors, motorcycles, and other motor-powered vehicles, a court might use ejusdem generis to hold that such vehicles would not include airplanes, because the list included only land-based transportation." https://www.law.cornell.edu/wex/ejusdem_generis#:~:text=Ejusdem%20generis%20(ee%2Djoose%2D,construed%20as%20limited%20and%20apply

ejusdem generis

LII / Legal Information Institute

@msbellows @georgetakei Oh wow, that's fascinating. Thank you for that explanation!

But how do they decide what is included in that kind? Like that example list you mentioned includes only wheeled vehicles, so it wouldn't apply to a motor powered land walker?

Sesame Street: One of These Things

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@msbellows @georgetakei LOL I love it because you could come up with an argument for the shapes being the odd one out as well as by color.
@cowvin @georgetakei EXACTLY!!! NOW YOU UNDERSTAND SCOTUS!!!
@msbellows @georgetakei Haha, thank you for taking the time to answer my questions. I really appreciate it!
Theories of Constitutional Interpretation