Marc Breault Ramblings

I have many interests ranging from religion to NFL football. This is a place where I ramble on about whatever I feel like rambling about.

Wednesday, December 20, 2023

The 14th Amendment Disqualifies Trump

 The 14th Amendment Disqualifies Trump

Those who argue against the Colorado Supreme Court ruling disqualifying Trump from being on the ballot point to two factors.  First, Section 3 of the 14th amendment does not explicitly say that a person cannot be president if he has participated in an insurrection or aided those who have.  The second argument is that Trump has not been convicted yet of participating in an insurrection.  So let’s address this BS.

There is a legal doctrine known as the “doctrine of implied powers” which allows for common sense or the obvious intent of a law or of the Constitution to prevail with regard to interpretation.  An example of this would be whether I, a legally blind person, should have the right to purchase and carry a gun openly since the Constitution contains no restrictions on gun ownership for blind people.  Since common sense tells you this is not a good idea, a law that calls for visual acuity before being able to possess and use a firearm is not unconstitutional.  And since the clear intent of the 2nd amendment was for people to participate in a well-regulated militia, and since you obviously don’t want a legally blind person in any militia, that adds further weight to any law requiring a visual standard.  Now that I have explained this, let’s look at this case.

Imagine it is August of 1868, one month after the 14th amendment was ratified.  Suppose Jefferson Davis, who previously swore an oath to protect the Constitution, then became President of the Confederacy, decides to run for POTUS.  Can anyone seriously make the case he should be President?  Anyone who suggests Jefferson Davis should be barred from returning to congress but could become POTUS needs a psychiatrist.  The clear intent of Section 3 of the 14th Amendment is to prevent oath breakers to the Constitution from holding political power over anyone.  The reason President is not mentioned directly is because congress was the problem at the time because a Confederate State could theoretically elect someone like Jefferson Davis as a senator or Representative whereas the office of the President is one of national election and there was no freaking way on God’s green earth that Union States would elect a former Confederate, so the framers didn’t feel the need to state the obvious.

 And as for requiring a court conviction, the 14th Amendment says nothing of the sort.  This is because the only question here is whether a person participated, or aided participants in an insurrection.  You either did or did not.  If the framers wanted to require a court conviction before disqualification, they would have put it in the amendment in the first place.  This is obvious since the amendment does contain a mechanism to reverse a disqualification, that being a 2/3 vote of Congress.  There is not one scrap of a requirement for a court conviction first.

 I have been banging on the 14th Amendment since January 7, 2021, because this obviously disqualifies Trump from ever holding office again.  Even if there was doubt as to whether he incited the January 6 storming of congress, and there is none, the 14th Amendment also disqualifies anyone who gave aid to insurrectionists.  As President at the time, this traitor had 187 minutes to do something.  He was the leader of the free world; in charge of the greatest military force the world has ever known with weapons at his disposal which could destroy the entire Earth 10 times over.  Are you telling me the Commander in Chief of this force could not bring himself to send a force to the Capital to assist a congress under siege?  By doing nothing, he gave aid to those who stormed the Capital.

 Oh yes, and for those who are dumb enough to question whether January 6 was an insurrection and who say we need some court to decide, stop the BS.  Trying to stop a proceeding of Congress, kill the Speaker of the House, and hang the Vice President is an insurrection every day of the week by any measure.

 

If SCOTUS does not uphold the Colorado ruling, they should all be removed from office forthwith for supporting a traitor to the United States, a man who orchestrated a coup against the United States.

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