Nov. 3 (UPI) -- The final testimonies are being heard in a Colorado courtroom Friday as the hearing over removing Donald Trump from the ballot in 2024 reaches its last day.
Attorneys representing the former president dedicated the first part of the day to the testimony of Robert Delahunty, legal scholar and professor at the University of St. Thomas in Minneapolis. Delahunty gave the opinion that Section 3 of the 14th Amendment, which petitioners say bars Trump from running for president, does not apply to presidents.
Delahunty, who is also a commentator for Fox News and The Federalist, also said Section 3, and the Constitution at large, is not self-executing. This means it can not be enforced without legislation.
"Do you have an example where a court says the Constitution is too hard for me -- so have Congress tell me what the Constitution means?" asked District Judge Sarah B. Wallace. "Why in this instance do I need to say, 'This is too hard, Congress, tell me what it means?'"
Delahunty said he does not have any case law references to answer that question, but he cited the opinion of former Supreme Court Chief Justice Salmon Chase, who ruled in the 1868 Griffin vs. Maryland case that the provision is not self-executing. This was around the same time that the 14th Amendment was ratified.