In a recent Colorado Supreme Court ruling, a measure designed to prevent former Confederates from obtaining positions of power has been utilized, leading to mixed reactions. The decision has drawn criticism from former National Security Advisor, John Bolton, who believes that the ruling is misplaced and inconsistent with the intent of the 14th Amendment. Bolton argues that the amendment grants Congress the authority to enact legislation to enforce its provisions, including those pertaining to Section 3, which pertains to individuals who have engaged in insurrection against the United States.
Expressing his concern about the interpretation of the federal constitution, Bolton questions the notion that state courts should be vested with the power to decide matters involving the highest elective office and determining what constitutes an insurrection against the federal government. He suggests that such a system would lead to chaos and argues that the Supreme Court should intervene to provide clarity on the matter. Additionally, Bolton doubts the intentions of the framers of the 14th Amendment, stating that those who wanted to suppress secessionist advocates and governments would not have intended to grant decision-making authority on this critical question to the states, especially the former secessionist states.