I will not address here, that we are not a democracy, but a Constitutional Republic, as said subject was covered in detail, at least for me, in the 7th grade.
Do we as a nation care about our rights and laws? Is it Constitutional to deny the rights of those we disagree with or, is it our duty to stand up, and defend everyone’s rights, even if we don’t like that person?
You will know them by their actions. Matthew 7:16
Let me be clear. This is not about defending Trump. This is about the Constitution, and the rule of law as it applies to all, you, me, everyone. I would be defending Biden on this issue, if it were Biden this was being done to.
Treat others as you would have them treat you. Matthew 7:12.
Trump, it is claimed, violated Section 3 of the 14th Amendment by allegedly committing insurrection on 6 Jan 2021, and should be barred from public office. Several states have acted to keep Trump off the ballot in their states, using Section 3 as their reason.
Let’s take a look at 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.”
There are several problems with removing him from the ballot under Section 3 of the 14th Amendment, any of which a 7th grader from my class way back when, could point out. So, let us go back to school, shall we?
Section 3 is specific as to which offices it applies to. The office of President is not one of the offices listed. This omission of the office of President, is a clear statement that Section 3 is not applicable to the office of President. Research into the history of the writing of the 14th Amendment makes this clear, but for giggles and grins, I am going to assume no one cares about what was written and why. If they cared, I wouldn’t have had to write this, and you wouldn’t be reading it.
To date, more than 1,230 defendants have been charged for their actions on 6 Jan 2021, and not one of these individuals has been charged with insurrection, including Trump. So, the next question is how do you abridge someone’s rights for a crime they have not been charged with? How do you convict someone of a crime the legal system says they cannot be bothered to charge him with?
More than few on Social Media claim Section 3 of the 14th Amendment doesn’t require a conviction. I have read Section 3 more times than I care to count, and… wait… Yep, read it again, and there is nothing within the Section that says one can ignore due process for any reason. In fact, the 14th’s FIRST Section, Section 1, starts out by stating in clear language, that nothing within the 14th Amendment can abridge the rights and privileges of the citizens of the US.
Section 1 of the 14th Amendment states:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
This section re-enforces the protections enshrined in the Bill of Rights, specifically the 4th, 5th, 6th, and 7th Amendments.
Trump has not been charged with insurrection under Section 3 of the Amendment by any State or Federal Court. There has been no indication the DOJ has any plans to charge Trump with insurrection. Section 1 protects his right to run for POTUS.
So, the question you have to ask yourself is, do you fully support the Constitution and the protections of due process, or do you let your dislike of a citizen override those protections? Keep in mind, the loss of Trump’s due process, is the loss of your due process.