×
Newsmax TV & Webwww.newsmax.comFREE - In Google Play
VIEW
×
Newsmax TV & Webwww.newsmax.comFREE - On the App Store
VIEW
Skip to main content
Tags: alan dershowitz | donald trump | colorado | insurrection | supreme court | ballot | 2024 election

Dershowitz to Newsmax: Colorado Can't Define Insurrection

By    |   Thursday, 21 December 2023 09:24 PM EST

Constitutional law expert Alan Dershowitz told Newsmax on Thursday he doesn't think the decision by the Colorado Supreme Court to keep Donald Trump off the primary ballot there will stand the test of Supreme Court review namely because states have no jurisdiction on constitutional matters.

Further, Dershowitz told "Rob Schmitt Tonight" that only Congress gets to define insurrection, by the power of the Constitution.

"Colorado just said we can make that determination even though Section 5 says you can't," Dershowitz told Schmitt.

Dershowitz was reacting to the court's 4-3 decision Tuesday that cited a rarely used provision of the U.S. Constitution that bars officials who have engaged in "insurrection or rebellion" from holding office.

"I think it will not survive the test of history. I don't think it'll survive the test of Supreme Court review, but nobody knows because the Supreme Court often stays out of political cases," Dershowitz told Schmitt.

"But if I had to make a guess, I would say the court will grant the stay and then hear oral argument and then invoke Section 5 and say, 'Look, if Congress wants to do this, fine; but you can't have state courts do this," he added.

Further, Dershowitz said that what occurred on Jan. 6, 2021, was not an insurrection in the first place.

"And you know there was no insurrection there. There was a public demonstration that got out of hand. That's not an insurrection. We've had insurrections in our history; this was not one of them," he said.

"What is an insurrection? It's not defined, and it should be defined. And only Congress can define it. But the Colorado Supreme Court has no jurisdiction under Section 5 to have anything to say about this Constitutional provision," Dershowitz said.

About NEWSMAX TV:

NEWSMAX is the fastest-growing cable news channel in America!

  • Find Newsmax channel in your home via cable and satellite systems – More Info Here
  • Watch Newsmax+ on your home TV app or smartphone and watch it anywhere! Try it for FREE -- See More Here: NewsmaxPlus.com

Mark Swanson

Mark Swanson, a Newsmax writer and editor, has nearly three decades of experience covering news, culture and politics.

© 2024 Newsmax. All rights reserved.


Newsmax-Tv
Constitutional law expert Alan Dershowitz said he doesn't think the decision by the Colorado Supreme Court to keep Donald Trump off the primary ballot there will stand the test of Supreme Court review namely because states have no jurisdiction on constitutional matters.
alan dershowitz, donald trump, colorado, insurrection, supreme court, ballot, 2024 election
342
2023-24-21
Thursday, 21 December 2023 09:24 PM
Newsmax Media, Inc.

Sign up for Newsmax’s Daily Newsletter

Receive breaking news and original analysis - sent right to your inbox.

(Optional for Local News)
Privacy: We never share your email address.
Join the Newsmax Community
Read and Post Comments
Please review Community Guidelines before posting a comment.
 
TOP

Interest-Based Advertising | Do not sell or share my personal information

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved
Download the NewsmaxTV App
Get the NewsmaxTV App for iOS Get the NewsmaxTV App for Android Scan QR code to get the NewsmaxTV App
NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved