Why Should They Listen To The Voters?

On Saturday, John Hinderaker posted an article at Power Line Blog about one possible outcome of the 2024 election. It is becoming very obvious that as the powers that be work harder and harder to make sure that President Trump does not get a second term, more and more voters are deciding to support him–just to have their voices heard. This is going to make for a very interesting year.

The article reports:

In 2001, 2005 and 2017, some Democrat House members objected to the certification of electoral votes for the winning Republican presidential candidate. Those objections, while “denialist,” were only symbolic. But Democrat leaders in the House are now suggesting that if they control that body following November’s election–as they well might–they may refuse to allow a victorious Donald Trump to take office.

Notice that the objects to the electoral votes were not allowed in 2020–they were pre-empted by the events outside the Capitol and a parliamentary procedure was used to block them when the House reconvened.

The article concludes:

The Democrats have become so insane on the subject of Donald Trump that it is hard to know which of their mutterings to take seriously. But if Trump wins the election and a Democrat-controlled House refuses to certify his election on the ground that he is an “insurrectionist” under the 14th Amendment, we will be past the point of a constitutional crisis. If that happens, the only realistic path forward will be disunion, possibly accompanied by civil war, but preferably not.

This is one reason why the Supreme Court should put the 14th Amendment theory out of its misery, once and for all. It is obvious that the drafters of that amendment meant the just-concluded Civil War, in which 600,000 Americans lost their lives, when they referred to “insurrection or rebellion” against the United States. In contrast, the January 6 protest was not one of the 50 most destructive riots of the last few years, and the only person killed was Ashli Babbitt. Not a single participant in the protest was arrested in possession of a firearm. Some insurrection!

In the interest of preserving the Republic, the Supreme Court should rule definitively that Section 3 of the 14th Amendment does not apply to Donald Trump.

Stay tuned.

About That Fourteenth Amendment Thing…

I am not a lawyer, nor do I claim to be one. However, I am concerned about the lawfare being conducted against President Trump.

In the January 2024 issue of Newsmax Magazine, Hans von Spakovsky wrote a commentary about the use of the 14th Amendment to keep President Trump off of the primary ballot in several states.

Section 3 of the 14th Amendment states:

Section 3.

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Note that Congress may remove such disability.

The article in Newsmax notes:

In 1872, Congress passed an Amnesty Act providing that the “political disabilities” imposed by Section 3 “are hereby removed from all persons whomsoever” except for members of Congress who had served just before and during the Civil War, as well as a limited number of other officials.

In 1898, Congress passed a second Amnesty Act getting rid of these remaining exceptions, providing that the “disability imposed by section 3…heretofore incurred is hereby removed.”

That sounds to me like using the 14th Amendment to keep President Trump off of the ballot does not agree with the laws Congress has passed since the 14th Amendment.

Also, doesn’t there have to be a trial and a conviction?

It should also be noted that the removal of President Trump from the ballot represents taking away the right of the American people to vote for whoever they choose. This sounds like something that happens in dictatorships. The only reason to remove someone from the ballot is if they do not have enough support to run for election. Obviously that is not the problem with President Trump.

 

This May Not Be Going As Planned

On Tuesday, NBC News reported that a Michigan judge has refused to hear the case that would remove President Trump from the ballot in 2024.

The article reports:

A Michigan judge on Tuesday dismissed an effort to keep former President Donald Trump off the state’s ballot in 2024.

The judge said that under Michigan law, the secretary of state does not have the authority to intervene in a primary election if the party chooses to list a candidate who would not qualify for the office.

“The ultimate decision is made by the respective political party, with the consent of the listed candidate,” the judge wrote.

The decision comes after a group of Michigan voters in September filed a legal challenge to Trump’s candidacy, arguing that his efforts to overturn the 2020 election results and his and conduct surrounding the Jan. 6, 2021, Capitol riot violated Section 3 of the 14th Amendment to the Constitution, making him ineligible for office.

If January 6th was an insurrection, it was the first insurrection in history where the police opened the doors and the insurrectionists had no guns. At some point the full video evidence will be released, and the public will realize that they have been lied to. The only person shot in the ‘insurrection’ was an unarmed civilian. There was also a death in the tunnel due to police brutality (article here).

I firmly believe that January 6th was a false flag operation designed to keep President Trump permanently out of the White House. Otherwise, why were his instructions to the crowd constantly misquoted?

The Real “End Game”

On January 6th, Jonathan Turley posted an article about the end game of the Democrats total politicization of the events of January 6, 2021. The article provides insight into what lengths one political party will go to in order to retain power.

The article states:

Below is my column in The Hill on the continued calls to disqualify Republican members of Congress to prevent them from running for reelection. What is maddening is that Democratic groups and commentators are seeking to remove as many as 120 Republicans from the ballots in the name of democracy. It is like burning books in the name of literacy. Yet, on this anniversary of the January 6th riot, members of Congress and Democratic groups want to block voters from reelecting their preferred representatives. Like villages in Vietnam, it appears that some members and activists believe that you have to destroy democracy to save it from itself.

…This week, Democratic lawyer Marc Elias predicted that 2022 would bring a renewed interest in disqualifying Republican members from office based on an obscure Civil War-era provision. Elias — the former Hilary Clinton campaign general counsel — is a well-known figure in Washington who has been prominently featured in the ongoing investigation of Special Counsel John Durham. Elias has founded a self-described “pro-democracy” group that challenges Republican voting laws and pledges to “shape our elections and democratic institutions for years to come.”

In the age of rage, nothing says democracy like preventing people from running for office.

Elias and others are suggesting that — rather than defeat Republicans at the polls — Democrats in Congress could disqualify the Republicans for supporting or encouraging the Jan. 6 “insurrection.” Last year, Democratic members called for the disqualification of dozens of Republicans. One, Rep. Bill Pascrell (D-N.J.) demanded the disqualification of the 120 House Republicans — including House Minority Leader Kevin McCarthy(R-Calif.) — for simply signing a “Friend of the Court brief” (or amicus brief) in support of an election challenge from Texas.

These members and activists have latched upon the long-dormant provision in Section 3 of the 14th Amendment — the “disqualification clause” — which was written after the 39th Congress convened in December 1865 and many members were shocked to see Alexander Stephens, the Confederate vice president, waiting to take a seat with an array of other former Confederate senators and military officers.

The article explains what would happen next if the Democrats attempt this:

The Constitution fortunately demands more than proof by repetition. In this case, it requires an actual rebellion. The clause Democrats are citing was created in reference to a real Civil War in which over 750,000 people died in combat. The confederacy formed a government, an army, a currency, and carried out diplomatic missions.

Conversely, Jan. 6 was a protest that became a riot.

That is not meant to diminish the legitimate outrage over the day. It was reprehensible — but only a “rebellion” in the most rhetorical sense.

More importantly, even if you adopt a dangerously broad definition of “insurrection” or “rebellion,” members of Congress who supported challenging the electoral votes (as Democrats have done in prior years) were exercising constitutionally protected speech.

Moreover, the Democrats cannot simply use their razor-thin majority to disqualify opponents willy-nilly. Punishments like expulsions take two-thirds votes, and any disqualifications can be challenged in the court.

It is frightening that this would even be attempted.