I wish I were confident that the GOP will reject Donald Trump in favor of one of the candidates who is not only sane but willing to act sane. My emotional favorite is Chris Christie because he’s not afraid of Trump. By the time we reach the first primary, DeSantis is going to be in too deep to redeem his cojones from the pawn shop.
But the record of the GOP, from nominating Trump in 2016 to not even adopting a platform in 2020 (tacit message: whatever our Orange Master wants today is what we “stand for”), the GOP has shown itself overwhelmingly worthless. I was well rid of it eighteen years ago.
In hindsight, … Republican inaction after Jan. 6 boggles the mind. Rather than remove Trump from American politics by convicting him in the Senate after his second impeachment, Republicans punted their responsibilities to the American legal system. As Mitch McConnell said when he voted to acquit Trump, “We have a criminal justice system in this country.” Yet not even a successful prosecution and felony conviction — on any of the charges against him, in any of the multiple venues — can disqualify Trump from serving as president. Because of G.O.P. cowardice, our nation is genuinely facing the possibility of a president’s taking the oath of office while also appealing one or more substantial prison sentences.
…
Trump and his allies are already advertising their plans for revenge. But if past practice is any guide, Trump and his allies will abuse our nation whether we hold him accountable or not. The abuse is the constant reality of Trump and the movement he leads. Accountability is the variable — dependent on the courage and will of key American leaders — and only accountability has any real hope of stopping the abuse.
A fundamental reality of human existence is that vice often leaves virtue with few good options. Evil men can attach catastrophic risks to virtually any course of action, however admirable.
David French, Appeasing Donald Trump Won’t Work (emphasis added).
But there’s a big development in the past few days that may move the question out of normal politics.
The long of it is a long and meticulously-argued law review article (PDF download of pre-print), from two Federalist Society member legal scholars, that Section 3 of the 14th Amendment bars Trump from the Presidency just is would his being 30 years old or not being native-born. (I studied Constitutional Law under Will Baude’s father, but I digress. I got the top grade in the class, but I digress again.)
The short of it is that there’s a simple way of testing the theory: I’m looking forward, insofar as I rank our few good options, to a Secretary of State refusing to put Donald J. Trump on a primary ballot in some state because of his constitutional disqualification. That will start the wheels of justice rapidly turning as Trump challenges his exclusion. The authors of the law review article have already done the Secretary of State’s research and the best counter-argument I’ve seen so far is “the Supreme Court wouldn’t dare!”
[UPDATE: On second thought, the best counter-argument I’ve seen so far is “by broadly construing the disqualifying insurrectionary behavior, we’re opening a Pandora’s box of tit-for-tat ballot exclusions.”]
It’s hard to imagine that some blue state Secretary of State won’t do it, even though Biden might prefer Round 2 with Trump. Ambition is a powerful motivator, and an elected Secretary of State has abundant ambition.
Alternately, some MAGA-wannabe Secretary of State lets him on the ballot and, say, Chris Christie challenges it on the basis of Section 3. It’s about as long as it is wide; that gets the issue before the courts, too.
I also hope Trump’s disqualification comes up in the debate Wednesday.
If you’re thinking “How dare you cheer denying the people their choice!”, my answer is that the very purpose of some parts of the constitution is to deny the people some choices. Section 3 of the 14th Amendment, for instance, had in its initial cross-hairs the possibility of former confederate states electing insurrectionists to office, and it slammed that door shut tight:
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.
That very door now bars insurrectionist Trump.
Q.E.D. And may God have mercy on our wretched souls.
We are in the grip of a grim, despairing rebellion against reality that imagines itself to be the engine of moral progress.
The end of the world as we know it is not the end of the world.
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Tipsy Teetotaler ن 