No. of Recommendations: 5
iirc, Colorado tried to keep him off the primary ballot, citing the insurrectionist clause of the 14th. SCOTUS said Colorado did not have authority to enforce Federal law.That's not exactly accurate. SCOTUS said that Colorado didn't have the authority to enforce the Insurrection Clause, because: i) that Clause specifically provided that Congress had the power to enforce it; and ii) it raised the likelihood of a "patchwork" of interpretation of what the Clause meant:
supremecourt.gov: PDF documentNeither of those things is true for the 22nd Amendment. There is no provision analogous to Section 5 of the 14th Amendment, and there is far less room for ambiguity over what circumstances fall within the Amendment's ambit. Which means that there's a stronger argument that the 22nd Amendment prohibition on being elected to the office of President more than twice is "self-executing" in a way that allows State action to enforce it.
