View Desktop Version
Howard's Blog
Listing of Previous Blogs

Fourteenth Amendment to Supreme Court

This week the Colorado state Supreme Court ruled that soon-to-be-convicted, former-president Donald Trump's name cannot appear on ballots as a presidential candidate in Colorado. The Colorado court found that, according to Section 3 of the Fourteenth Amendment (the disqualification clause), Trump engaged in insurrection and is therefore ineligible to serve in any federal, civil, or military position.

Just as the Second Amendment (as those loyal to the Repubican Party always point out) says. the federal government can't alter the citizen's right to bear arms, the Fourteenth Amendment says that no person may hold a federal office who has engaged in an insurrection against the United States.

Now this ruling may be appealed by Trumps legal team, and the Colorado Republican Party. Be careful what you wish for guys... you may be falling into a trap. The current ruling only applies to Colorado elections. If the United States Supreme Court agrees with the findings of the Colorado ruling, it may well set as precedent that Trump cannot become President in 2025.

The mainstream press and FoxNews have argued that this is a terrible situation. The courts should not intervene in the election. Let the voters decide, they say. Let the bullying continue and let's cave to it. No - lets stand up to it and use the same arguments that the Gun Lobby uses regarding the Second Amendment.

IMHO, there is only one issue for the Supreme Court to decide upon... Was the January 6, 2021 attack on the Capitol and Constitutionally required Congressional business an insurrection or was it merely a lawful protest? Clearly Trump was instrumental in the actual event happening... he clearly was engaged. If the Supreme Court holds that the attack was an insurrection then according the the Fourteenth Amendment, Trump cannot hold a federal office (President) or military position (Commander in Chief). The Constitution demands this.

Nothing in a narrow decision will prevent Trump's name from appearing on ballots in all states (except Colorado). Nothing will prevent him from having a majority of electors select him as President, and a as-yet-unnamed Vice-Presidential candidate selected if Trump wins the election. Nothing will prevent Congress from certifying the election. Noting in a narrow decision will make Joe Biden President again.

The only event that this decision will prevent is the swearing-in of Trump as President on January 20, 2025 by the Chief Justice of the United States. The Vice-Presidential candidate will be sworn in as President if this decision is upheld.

If Republican candidates for President and Vice-President win the elections. The next president (2025-2029) will be a Republican.This decision will only prevent that insurectionist Trump from serving as President.