Brief Submitted by Professor Seth Barrett Tillman as Amicus Curiae in Support of Intervenor-Appellant/Cross-Appellee Donald J. Trump

Abstract

This is my amicus brief in the Section-3 ballot-litigation before the Colorado Supreme Court. I argue that the President is not an "officer of the U.S." as that phrase was used in the Constitution of 1788 and in Section 3 of the Fourteenth Amendment. Per Griffin's Case (1869), I also argue that Section 3 is not self-executing in the sense that it can be used by a private party seeking affirmative relief against the government absent federal enforcement legislation.