Constitution is clear; insurrection is disqualifying

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By Sid Schwab / Herald Columnist

If the concept of constitutionally disqualifying Donald Trump from running for president is complex, multi-layered, and controversial, one aspect isn’t. The wording of section 3 of the 14th Amendment is unambiguous:

“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President,” says section 3, “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.”

It couldn’t be more clear: if, after taking an oath, you participated in insurrection or rebellion against the U.S. or any state, or aided or encouraged people who did, you are barred from federal or state office. Period. It’s the Constitution. It’s the law. It can’t be selectively enforced, can’t be ignored for any reason, including applying it to a former or current candidate. Political impact isn’t a consideration. In a constitutional republic, the law is to be enforced, undisirregardlessly. Must be.

None of which is to pretend the particulars are clear-cut. Whereas some claims from the right are specious at best — questioning whether a president is an officer of the United States, for example — others deserve consideration. There’s plenty of thoughtful discussion out there, and even non-lawyers should be able to sort through it.

https://www.heraldnet.com/opinion/schwab-constitution-is-clear-insurrection-is-disqualifying/

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1. It is clear that to participate in an insurrection renders one ineligible to serve in government office.

What is not so clear is what is participating in an insurrection. I wouldn't cry if Trump were hung, drawn and quartered by the government, but that is beside the fact. The precedent of denying any type of due process will certainly come back to bite us in the butt. It is all academic anyway, this Supreme Court will give Trump a pass, no matter what.

We need Trump to run. Any other candidate may succeed in putting a Republican back in the White House. I am sorry if someone is offended by that statement, but no amount of cheerleading changes the math.