The Supreme Court unanimously nixed the clever scheme to keep Donald Trump off the Colorado ballot. The court explained its actions in the second paragraph of its anonymously written March 4th ruling: “Because the Constitution makes Congress, rather than the States, responsible for enforcing Section 3 against federal officeholders and candidates, we reverse.”
That’s it. The 14th Amendment, which the Colorado gambit relied upon, does make Congress the instrument for preventing “an insurrectionist” from serving in office.
So Colorado’s ploy to rig the 2024 election out in the open has been stopped. And good thing, too, since the political repercussions could have been … harrowing.
A lot of commentary and reporting on the ruling has been devoted to pushing what was not covered. Take the CNN article by John Fritz and Marshall Cohen, “Trump’s on the ballot, but the Supreme Court left key constitutional questions unanswered.” It is hard not to interpret such headlines as providing excuses to partisan Democrats — in this case those at CNN — who had put so much hope in Colorado’s (and other states’) taking of the Trump matter into their own hands.
“But while the unsigned, 13-page opinion the Supreme Court handed down Monday decisively resolved the uncertainty around Trump’s eligibility for a second term,” the article explains, “it left unsettled questions that could some day boomerang back to the justices.”
True enough, but so what? Take the first mentioned: “Could Democratic lawmakers, for instance, disqualify Trump next January when the electoral votes are counted if he wins the November election?”
Well, no.
The 14th’s third section does not list presidents as barred by insurrection: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President,” it says. Electors of. But not
I’m sure the Supreme Court would be happy to expedite an opinion to that effect should the Democrats attempt anything that stupid.
This is Common Sense. I’m Paul Jacob.
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