Finally, there is no legal precedent for such a momentous judicial fiat. If presidential candidates can be disqualified, there must be a clearly established mechanism. It’s utterly ridiculous to accept that state courts are empowered to jerry-rig an ad hoc, previously unknown process that can be manipulated in a result-oriented manner.

It is this common-sense thinking that provides the strongest argument against the Colorado court’s decision.

The 14th Amendment does not empower individual states to make such important decisions regarding the right to vote for presidential candidates. Rather, it is a time-bound provision rooted in post-Civil War fears that confederates would meddle in state reconstruction efforts.