I've decided to join in with all the experts on the 14th amendment. There sure are quite a few on social media. It's a good thing however if people are actually reading those documents. Discussing all of that can only lead to a better understanding of the Republic. The 14th amendment is a rather lengthy one and like all the others subject to interpretation. This is what it says but what does it mean. In section one it clearly states, "nor shall any state deprive any person of life, liberty or property, without due process of law" so it's obvious to me that means in a court of law. Section three says no person can be a senator or representative in Congress, or elector of President and Vice-President, or hold any office, civilian or military if they engaged in an insurrection or rebellion. That is what the Colardo supreme court has cited to disqualify Trump from the ballot.
Now whether you support Trump or simply hate Trump that amendment applies to him equally. Has Trump had due process? The answer is no, he has not. That process is ongoing, in the courts as we speak but no ruling has been made. Therefore, he has not received due process and cannot be disqualified under section three of the 14th amendment. No court has ever decided that Jan 6 was indeed an insurrection or a rebellion. Just calling something by the name, applying that term to it, doesn't make it so. Robbing the bank isn't an undocumented withdrawal, it's a robbery. Bruce Jenner wearing a dress doesn't make him a woman. Same thing with insurrection and rebellion. Has anyone that was arrested on that day been charged with insurrection? The answer is no. Where any shots fired? Just one, by the capital police killing one person. So, describing the events of that day as an armed insurrection or rebellion is certainly a bit of a stretch. A riot, a protest. civil disobedience are all possibilities. Disturbing the peace is what the majority of those arrested have been charged with, and criminal trespass. None of those actions are mentioned in the 14th amendment.
Section three also states the Congress may remove such disabilities as well. Seems clear to me that Congress should make the final determination. Just as Congress is the sole body that may declare war, it should be the sole body to declare what is or is not an insurrection. It's true that the 14th doesn't say that in that direct a way but by having the power to overturn that it is implied. No different than a citizens ability to petition the Supreme Court of the United States for a review of their crime. The court will then issue an opinion on that. It is important to understand that the Supreme Court doesn't make the law or overturn a law, it only issues an opinion on the constitutionality of that law. There are only two ways an amendment can be modified or removed. Both methods are described in Article Five. It takes a 2/3 majority in each house to do that or a convention of the states. Thirty-four states must agree to hold that convention. When convened a convention of the states may direct congress what to do. We the People!
If we allow a panel of Judges to decide who can and cannot be included on the ballot our vote is being taken away. What due process were we given? We the people are entitled to due process as well. Whereas in this case it is only the people of Colorado it should be of deep concern to everyone. Attempts have been made in the past to pack the supreme court. We are all aware that if we can pack the court with liberal or conservative judge's, decisions will go that way for a generation or two. In Colorado four judges voted to disqualify Trump while the other three disagreed with their opinion. It's worth noting all were appointed by Democrats. The decision wasn't based on party but on personal opinion. The purpose of the court is to administer the law, as it is written, not to make laws. Those four judges in Colorado have decided that they can mandate who you are allowed to vote for. They removed the due process portion altogether. Read section one of the 14th amendment gain. Due process. Can't disqualify Trump using the 14th amendment no matter how much you hate him. You have to wait until he has had his day in court. Applies to Trump and it applies to you. That's what a Republic is all about.
- In a republic, supreme power is held by the people and their elected representatives, while in a democracy, the whole population or all the eligible members of a state govern through elected representatives. (credit to Google) Note that in a democracy all "eligible " members get to govern and who decides that eligibility? In a republic supreme power is held by the people. We the people get to decide who you can vote for! It's important to understand that nuance, that subtle difference. It is what separates us from the rest of the world.
- So, there is my expert analysis. No law degree, no degree of any kind to be honest about it but I can read. All you have to do is read it for yourself, set aside any bias and it is plain. It means exactly what they wrote down. You are guaranteed due process of law! Everyone is, no exceptions.
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