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ballot access election law ideological culture

The Colorado Gambit Crushed

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 the President and VP.

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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folly political challengers

Pied Pipers, Again

In 2015, the Hillary Clinton campaign exhibited the hubris for which politicians have been associated since the dawn of civilization. 

Instead of relying on a strategy of promoting Hillary herself, Clinton insiders plied what they called “Pied Piper candidates,” Republican hopefuls who, they theorized, would shift mainstream candidates further “right,” thus making the ultimate winners unpalatable to enough general election voters to win Hillary the election. There were three they identified: Ted Cruz, Ben Carson, and Donald Trump. 

We know how this worked out.

In California, Democrats are returning to hubristic form.

The serpentine Adam Schiff, who is running to fill the slot formerly occupied by Senator Diane Feinstein, has directed $11 million in the primary “to elevate a GOP candidate,” according to The Washington Post

“The ads argue that Republican Steve Garvey — a congenial former pro baseball player for the Los Angeles Dodgers and San Diego Padres who voted twice for Donald Trump but won’t say if he will do so again — is too conservative for California and highlight his recent surge, in an apparent effort to consolidate support for him on the right.”

The idea is to boost Garvey with Republican primary voters in hopes that Garvey takes the second of two spots available for the November election under California’s Top Two system, becauseSchiff’s people think Garveyis easier to defeat than liberal Democrat “Rep. Katie Porter, whom Schiff and his backers would prefer to avoid facing come November in this left-leaning state.”

But can this strategy really work in California? The ads portray Garvey as more Trumpian than he probably is, and recent polling suggests that Schiff and Garvey are now neck-and-neck.

A review of the Clinton metaphor, “Pied Piper,” shows how slippery the strategy can be. The “Pied Piper of Hamelin” is a cautionary tale

The Democrats’support may go the way of rats and children.

This is Common Sense. I’m Paul Jacob.


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ballot access election law partisanship political challengers

Parties Demoted

Though “[s]everal left-leaning groups have sued to block the former president from the state’s ballot on 14th Amendment grounds,” Tom Ozimek of The Epoch Times reported in November, “Trump Listed on Michigan Primary Ballot,” as the headline states.

The primary was yesterday. Trump won. As expected.

But he appeared on the primary ballot only with legal wrangling. Michigan Secretary of State Jocelyn Benson, a Democrat, was under a lot of pressure to keep Trump off the ballot. Which she resisted, explicitly stating that she thought the maneuver to allow state officials to prohibit Trump from appearing on ballots because of the 14th Amendment’s “insurrection” clause was a bad idea.

Michigan’s voting system is now quite complicated. First, it’s an open primary state, so there will always be strategic voting, where partisans will cross lines to sabotage opponent parties. Though in the case of Trump, there is some irony here, since Trump benefitted in 2016 from such voting by Democrats, thinking he was the candidate easiest to beat in the general election.

Michigan sports a hybrid system for selecting partisan candidates to appear on the general election ballot. “More of Michigan’s 55 delegates to the Republican National Convention (RNC) will be awarded,” explains Nathan Worcester, also of The Epoch Times, “through the caucus process than through the primary vote — 39 as opposed to just 16.” But there are dueling conventions for caucusing, and it’s quite a mess.*

Michigan also now offers early voting at special voting sites. Is it a sign of a healthy democracy that there are so many ways to vote?

It sure doesn’t seem healthy that national partisan politics almost kept a Republican candidate off a primary ballot. Could the solution be to take parties’ candidate selection entirely out of state balloting?

Demote major parties from their current favored position to paying their own way.

This is Common Sense. I’m Paul Jacob.


* In the Democratic Primary, President Biden won big against Dean Phillips, a largely unknown congressman from Minnesota, and author Marianne Williamson. But, with roughly half the vote counted, a not insignificant 14 percent of Democrats snubbed the president (and the field) by voting “Uncommitted.” Many were no doubt protesting the president’s policies concerning the Israel-Hamas War; in the county containing the University of Michigan, 20 percent voted uncommitted. Yet, even in rural counties across Michigan, more than 10 percent of Democrats opted for uncommitted.

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general freedom international affairs

Dangerous Neighbor

“Are you a journalist?” asked the woman in an overflow crowd of thousands, who, like me, couldn’t fit into the packed stadium for a Democratic Progressive Party rally on the eve of Taiwan’s election.

“Or do you just love Taiwan?” 

With a broad smile, I told her: “I love Taiwan.”

This, my second trip to the beautiful island nation, was as inspiring as my first, in 2019. 

Two other women in the crowd explained they flew in from Italy to cast their ballots — believing the future of Taiwan depended on their vote. Which, of course, it did.

Most poignant was my conversation with a couple who had escaped the Chinazi clampdown in Hong Kong. After discussing how those 2019 protests helped “wake up the world,” I snapped a selfie with them. 

Then, five minutes later, they came back to ask me not to post their picture on social media without blacking out their faces. You see, they have relatives still in Hong Kong who might face harassment or worse from the Chinazis, if they were outed. 

“Enjoy the freedom of Taiwan today,” a Taiwanese man had offered earlier in the day at the Kaohsiung Museum of History. “It may be gone tomorrow [Election Day].” He feared a KMT victory would usher in a government far too willing to cozy up to the Chinese regime. 

On Saturday, however, DDP presidential candidate Lai Ching-te won a clear victory. His triumph was declared by the gaslighting Butchers of Beijing to be an “extreme danger.” 

But it is obvious to all that the nation of Taiwan is a danger to no one . . . and Communist Party-ruled China is a danger to everyone. 

This is Common Sense. I’m Paul Jacob. 


* One doesn’t need to look to Asia to see the threat from China. Chinese dissidents in the U.S. and Canada are routinely harassed and threatened, which our governments seem unable to do much about. And the website we’ve launched — StopTheChinazis.org — has numerous writers but only two have chosen to use their real names. Why? Fear of reprisals from the CCP against Americans here in America. 

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ballot access partisanship

Enthusiasm for Extremism in Action

She insists it’s about the rule of law. And not political. Not in any way.

“Maine Secretary of State Claims Politics Played ‘No Role’ in Booting Trump Off Ballot,” is how The Epoch Times headlined the story.

Secretary of State Shenna Bellows has unilaterally barred former President Donald Trump from the Maine presidential primary ballot. As in the Colorado case, the excuse rests with the January 6, 2021, protest rally and mob entrance into the capitol building. She says that “the weight of evidence” she “reviewed indicates that it was an insurrection.” 

Knowing what real insurrections are, and what words mean, and the long history of protests that get out of hand, including in recent times, most non-partisan people, as well as all Trump supporters, must conclude just the opposite: no insurrection was even attempted.

Bellows may actually believe that the January 6 events constituted an insurrection, that her job allows her to do what has never been done in American history, and that this would be good for the nation.

On the insurrection issue, she and Democrats rely upon motivated reasoning. People worked up in a cause can believe almost anything that would aid the cause. Still, the common-sense guess is that almost no one really believes her . . . but of course her Democratic comrades must pretend.

On the scope of her position, prudence would usually steer a partisan such as herself away from doing such a radical thing.

On the good of the nation, the clear hyperpartisan appearance would exacerbate tensions around the country, widening the divide into a chasm.

What may really be in evidence, though, is that leftists are mimicking the radicalism of the pandemic lockdowns, driven by the sheer frenzy of their vision of themselves as embodiments of righteousness . . . always to exercise arbitrary power.

An enthusiasm that spreads virally. As a mania. 

Thus does extremism work.

This is Common Sense. I’m Paul Jacob.


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ballot access election law judiciary

Democratic Mountain High

How to spark a civil war?

“A divided Colorado Supreme Court on Tuesday declared former President Donald Trump ineligible for the White House under the U.S. Constitution’s insurrection clause and removed him from the state’s presidential primary ballot,” wrote David Knowles for Yahoo News. This will, of course, induce a “showdown in the nation’s highest court to decide whether the front-runner for the GOP nomination can remain in the race.”

The idea — half plausible, I suppose — is that President Trump’s actions on January 6 spurred an insurrection attempt, therefore he is ineligible to run for any federal office.

But emphasize the half-plausible, since, no matter how often Democrats repeat it, the rally-turned-mini-riot-turned-incursion into the Capitol Building did not amount to anything like an insurrection. Capitol Hill interlopers on January 6 were neither prepared nor demonstrating a plan to overthrow the peaceful succession of power. 

They certainly didn’t try to take over the government.

Nor has Mr. Trump been convicted of any such thing.

But, as we all know, this is a controversial matter falling mostly on partisan lines (the Colorado State Supreme Court being made up entirely of Democratic appointees) . . . which makes interpretation of the third section of the 14th Amendment rather tricky.

The state-by-state lawsuits have been sponsored by progressive interest groups trying, desperately, to stop Donald Trump from pulling off a Grover Cleveland: returning to office after a fluke one-term “pause.”

Yet, even if the Supreme Court balks at putting down this too-clever-by-half-plausible scheme, the best Democrats could hope for is preventing Trump from running in blue states with blue courts. Trump might still win despite not being on some state ballots. 

Or lose in an election obviously rigged because he is barred. 

A recipe for deep distrust, resentment and anger.

This is Common Sense. I’m Paul Jacob.


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