Let’s just get this out the way up front: If Donald Trump is removed from enough state ballots that one of the also-rans vying for the Republican nomination gets to run for president instead, there’s a risk that President Joe Biden loses in November. All of those never-Trumpers we thought were our buddies will abandon the #Resistance so fast it will make Democratic heads spin. And the MAGA types could be so angry about losing Dear Leader they will rush the polls to vote as hard against Biden as possible.
Or maybe the opposite will happen: Trump will whine, cry and blame whoever gets the nomination, convincing enough MAGA types to sit the election out in protest, thus handing Biden an easy victory next fall.
The reality is we’re facing a situation never seen before in the United States. A shameless insurrectionist is running for president while under 91 felony indictments. To add to this historic situation, the Colorado Supreme Court on Tuesday banned Trump from appearing on the state’s Republican presidential primary ballot. The 4-3 decision follows the clear language of the Constitution’s 14th Amendment barring those who “have engaged in insurrection” from running for office. Yet anyone who thinks they know how this will play out over the next 11 months is kidding themselves. The one thing that is dead certain, however, is that the Supreme Court justices would be fools not to uphold this decision.
Banning Trump from the ballot — in all states, not just Colorado — is clearly what is called for by the Constitution. It takes a herculean effort of feigned stupidity to pretend otherwise. The language of Section 3 of the 14th Amendment, which was written to bar congressmen who joined the Confederacy from trying to pretend all that “civil war” business never happened, is not vague:
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.
Even people who want to play word games and quibble wars over…
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