In an extraordinary legal maneuver, a coalition of liberal attorneys is invoking a seldom-used provision of the 14th Amendment to prevent former President Donald Trump from reassuming the presidency.
This desperate strategy, which has gained traction in states like Colorado and Maine, seeks to disqualify Trump by labeling his actions related to the January 6, 2021, Capitol events as “insurrection or rebellion” against the United States.
Understanding the 14th Amendment Strategy
Section 3 of the 14th Amendment, ratified post-Civil War, was designed to bar individuals who engaged in insurrection from holding public office. Historically, it targeted Confederate officials but has been largely dormant since. The current legal argument posits that Trump’s alleged role in the Capitol unrest constitutes engagement in insurrection, thereby disqualifying him from future office.
This interpretation has found some judicial support. On December 19, 2024, the Colorado Supreme Court ruled in favor of removing Trump from the state’s 2024 presidential primary ballot, marking a precedent-setting application of this constitutional provision. Similarly, Maine’s Secretary of State, Shenna Bellows, cited the 14th Amendment in her December 28 decision to exclude Trump from the ballot. Both decisions are currently under appeal, with the U.S. Supreme Court expected to provide a definitive ruling in the coming weeks.
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Critics Warn of Dangerous Precedent
Critics argue that this legal strategy undermines democratic principles by circumventing the electoral process. They contend that such maneuvers disenfranchise voters and set a perilous precedent for future political contests. The Trump campaign has denounced these efforts, accusing proponents of “stretching the law beyond recognition” to achieve partisan objectives.
Furthermore, opponents highlight the potential for this tactic to be weaponized against other political figures, eroding the foundational democratic principle that the electorate should determine their leaders. They caution against the judiciary being used as a tool for political gain, emphasizing the importance of maintaining the separation of powers and respecting the will of the people.
Implications for the 2024 Election
As the nation approaches the 2024 presidential election, the implications of this legal battle are profound. Should the Supreme Court uphold the lower courts’ decisions, it could reshape the political landscape by establishing a mechanism to disqualify candidates based on contested interpretations of their actions. Such a precedent may lead to increased legal challenges in future elections, further polarizing an already divided electorate.
Conversely, a Supreme Court reversal could reaffirm the principle that the electorate holds the ultimate authority in choosing their leaders, reinforcing the democratic process. This outcome would likely energize Trump’s base, framing the legal challenges as politically motivated attacks and potentially galvanizing support for his candidacy.
A Call for Judicial Restraint
In this contentious climate, it is imperative that the judiciary exercises restraint and adheres strictly to constitutional principles. The use of the 14th Amendment’s insurrection clause, intended for a post-Civil War context, to address contemporary political disputes risks distorting its original purpose. The courts must carefully consider the broader implications of their rulings, ensuring that they do not inadvertently undermine the democratic process they are sworn to uphold.
As the Supreme Court deliberates on this pivotal issue, the nation watches closely, aware that the outcome will not only influence the immediate election but also set a precedent impacting the very fabric of American democracy. The balance between upholding constitutional safeguards and preserving the integrity of the electoral process hangs in the balance, underscoring the gravity of the Court’s impending decision.
The left is very dedicated to not allowing Trump back into the White House. They have facilitated two assassination attempts and no less than General Flynn has opined that there will be another attempt to kill Trump before inauguration day. Trump is inadvertently fueling the left’s discontent with his proposed policies that reverse the “progress” of the last four years. There is no country in the world that can absorb 15 million plus illegal immigrants from virtually every country on the globe. There is no country in the world that can afford to borrow Billions every year to support these poor, uneducated, sick, criminals. The left authorized, supported and facilitated the invasion in order to establish the Uni-party. By changing the population in certain areas, the representation in Congress would change. One of the most profound strategies instituted to accomplish this mission was to illegally register these criminals to vote. This was manifested in the 2024 National Election in which Kamala Harris only won in states where no identification was required to vote. By the time the election took place it was estimated that there were more than 818,000 illegal immigrants registered to vote.
What a bogus claim! The fact is: Trump offered Nancy Pelosi 10,000 National Guard troops to quell any trouble that might occur. Pelosi refused them. And, Pelosi’s daughter was conveniently at the event to fill much of what went on. Sure sounds to me like a Pelosi setup on Trump! :O
No one in their sane mind could say Trump is a convicted felony, nor did he incite rebellion. The real truth is: The left wanna-be communists can not get their way with their leftist and destructive ideology. Any lie, deception, twist of the truth, or obscene action is not beyond them. You are hurting them when you tell The TRUTH. their whole ideology is based on tearing down DEMOCRACY. The will of the people and the Constitution is their ENEMY. They want the dissention to break up America. We the people don’t need to fight for liberty. We are supposed to already have Liberty under the Constitution. They are backers of insurrection, contention and want civil strife. Those who are so blind as to follow them, have chosen their own downfall. Leave Trump and his office alone and let the will of the people reign, since they have overwhelmingly chose Trump in a great Common Sense move. We don’t want your leftist, destructive ideologies that are no good for anyone except the greedy power mongers.
Based on false charges and fake news.
Trump may not be completely innocent or a saint but certainly not guilty of insurrection against the country he loves.
As an early American and Constitutional Historian the answer is IF charged and convicted using only the definition of “insurrection” that was used when the 14th Amendment was proposed and ratified, would be yes. Since the English language morphs and drifts over time and the US Constitution being a legally binding contract between the Federal and State Governments, and in any and all contracts meaning and usage of words and phrases are locked to only what they were when written, absent a contract amendment, understand that modern usage and definition of “an insurrection” is totally irrelevant to the 14th amendment. The definition of Insurrection considered and in use when the 14th amendment was proposed and ratified is “an armed violent uprising”, this was to answer the actions that happened during the Civil war which had just come to a close.
Was his actions a “Violent Armed Uprising” IAW the meaning on insurrection when written? The answer to that question is clearly NO. Only someone with the mind of a baked potato would think it was.