Have a Safe and Happy 2024!
Volume 17 • Edition 01
January 3, 2024
Delivering to over 18,000 homes & businesses including all of Fort Lupton and Lochbuie.
“Truth will ultimately prevail where there is pains taken to bring it to light” George Washington “If we are to guard against ignorance and remain free, it is the responsibility of every American to be informed” Thomas Jefferson
Natelson: The Good and Bad of the Colorado High Court’s Trump Decision
by Rob Natelson, Complete Colorado Page 2 There were two fundamental flaws in the Colorado Supreme Court’s 4-3 decision removing former President Donald Trump from the Colorado 2024 election ballot. The first was that the justices reversed the lower court without seriously addressing the issue the lower court found decisive. The second was that the proceeding, like some others against the former President, did not grant him adequate due process. Before getting deeper into those subjects, let’s examine how the case arose and mention some things the Colorado justices did get right. Colorado law empowers the secretary of state, as chief elections officer, to decide who has qualified for the ballot. After the secretary of state placed President Trump on the ballot, a group of anti-Trump Republicans and Independents petitioned to have him removed. State law provides an expedited (very fast) procedure for election challenges. This procedure enabled the petitioners to bypass the “standing to sue” problems that have thwarted similar lawsuits in other states, and which I discussed in an earlier column. The petitioners argued that the expedited procedure could be used to remove a candidate not qualified for the office he seeks. This argument probably was correct. However, qualification lawsuits usually center on straightforward questions like “Does the candidate live in the district?” and “Does the candidate meet the age requirement?” The issues in the Trump case were far more complicated. The plaintiffs argued that President Trump had “engaged in insurrection” against the United States, and was thus disqualified by Section 3 of the 14th amendment: That section provides (note the italicized words): “No person shall be a Senator or Representative in Congress, or Elector of President and Vice-President, or hold any office . . . 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.” After expedited proceedings, the trial judge found that President Trump engaged in insurrection during the days leading up to Jan. 6, 2021. But the judge also concluded that the presidency was not covered by Section 3 of the 14th amendment. The judge noted that Section 3 mentions members of Congress and presidential electors but does not mention the President. So the presidency is covered only if it is an “office under the United States.” After examining the Constitution’s text and historical evidence, she concluded that, although the President is an “officer,” he is not an “officer under the United States” as the Constitution uses that phrase. Thus, the judge denied the petition to strike President Trump from the Colorado ballot. The petitioners thereupon appealed to the state supreme court. What the Colorado Supreme Court got right On Dec. 19, the Colorado Supreme Court issued its opinion per curiam—that is, ”for the court.” This means no single person was the author. Four of the seven justices signed onto it. They were Justices Monica Márquez, Melissa Hart, Richard Gabriel, and William W. Hood. The three dissenters each wrote separate opinions. They were Chief Justice Brian Boatright, and Justices Carlos Armando Samour and Maria Berkenkotter. The court had to address quite a few issues, requiring a lengthy opinion (133 pages). The majority got two of those issues right. First, the court pointed out that under the U.S. Constitution, presidential elections are subject to state, not federal, control. Although the Constitution gives Congress power to override state congressional election laws, the Constitution does not give Congress similar power to override state presidential election laws. (The principal exception is that Congress may fix the time for choosing the Electoral College and the day on which the Electoral College votes.) The Supreme Court also got a related issue right. The Trump lawyers—and one of the dissenting justices—argued that Section 3 of the 14th amendment was not “self-executing.” In other words, they argued that it is a dead letter unless Congress defines and enforces it, which Congress has not done. They point to Section 5 of the 14th amendment, which gives Congress power to enforce the amendment by Natelson: The Good and Bad of the Colorado High Court’s Trump Decision continued on page 5...
Fort Lupton Recreation Hosts Annual Senior Twilight Dinner
By Linda Kudrma, Photos by Lost Creek Guide, Photographer Kim Thomsen Fort Lupton Recreation hosted their annual Senior Twilight Dinner. This is a holiday gathering for the Seniors within the community where they have the opportunity for a homemade holiday meal with all the fixing, entertainment, and fellowship. Monty Schuman, Recreation Director, preps all the food and Linda Kudrna, Senior Coordinator, arranges all the extra details that goes into this special event. There are a lot of extra hands needed for the event and our staff is willing to help make this a special evening with all hands-on deck to serve, prep, and cleanup. Scott VanBeber from Loveland provided holiday music throughout the evening. Folks listened and sang along with lots of fellowship shared amongst them. This is such a special evening for our Seniors, and we are lucky to be able to offer such an event for them. To some, it is their only holiday meal with friends or family, so it means a great deal to them. My favorite part of the evening is singing “Silent Night” all together. It touches everyone’s heart to see and hear everyone engaged at that moment. We had about 140 people in attendance for this year’s gathering.
WHAT’S IN THIS ISSUE
Page 2: Way of the World Page 2: Weld County Council Comment Page 3 & 4: Weld GOP Comments Page 4: History of New Years Page 5: Weld RE3J Newsletter Page 6: State Senator for District 1 Byron Pelton Op Ed on Our County Clerks Page 8 ,9, & 11: 2023 Hudson Holiday Parade Pictures Page 11: Lauren Boebert Running in CD 4 Page 14: Property Tax Opinions