A NATION OF LAWS
The following extensive quote comes from a detailed description of the 14th Amendment to the US Constitution and its potential use to deny Former President Trump a place on the 2024 ballot.
“January 6 United States Capitol attack
On January 10, 2021, Nancy Pelosi, the Speaker of the House, formally requested Representatives’ input as to whether to pursue Section 3 disqualification of outgoing President Donald Trump because of his role in the January 6 United States Capitol attack.[193][191]
On January 11, 2021, Representative Cori Bush (D-MO) and 47 cosponsors introduced a resolution calling for expulsion, under Section 3, of members of Congress who voted against certifying the results of the 2020 US presidential election or incited the January 6 riot. Those named in the resolution included Republican Representatives Mo Brooks of Alabama and Louie Gohmert of Texas, who took part in the rally that preceded the riot, and Republican Senators Josh Hawley of Missouri and Ted Cruz of Texas, who objected to counting electoral votes to certify the 2020 presidential election result.[193][191]
After Representative Madison Cawthorn (R-NC) declared his intent to run for re-election in 2022, a group of North Carolina voters from Cawthorn’s district filed a lawsuit alleging that a speech he gave immediately prior to the Capitol attack incited it, and, therefore, Section 3 disqualified him from holding federal office. A federal judge entered a preliminary injunction in favor of Cawthorn, citing the Amnesty Act of 1872;[205] however, on May 24, 2022, an appeals court ruled that this law applied only to people who committed “constitutionally wrongful acts” before 1872.[206] A similar challenge, which a federal court declined to block, was filed against Marjorie Taylor Greene (R-GA) and heard in April 2022 in Atlanta. Greene sued to strike down the law that allowed contesting her eligibility as unconstitutional.[207]
Otero County, New Mexico commissioner Couy Griffin was barred from holding public office for life in September 2022 by District Court Judge Francis Mathew who found his participation as the leader of the Cowboys for Trump group during the attack on the Capitol was an act of insurrection under Section 3.[208] This is the first conviction under Section 3 since 1869 (save the previously mentioned overturned conviction).[209”
At least one senator, Senate Majority Whip Dick Durbin of Illinois, told reporters he had a “long talk” with fellow Democratic Senator Tim Kaine of Virginia about barring Mr. Trump from running for office under the 14th Amendment.
“I haven’t been convinced yet, because the 14th Amendment is not explicit on how you determine whether someone participated in an insurrection,” Durbin said. “If they had been convicted of that in a court of law, then I can understand how you can use it as a predicate for prohibiting people from running for office. But there is a real serious question, if that conviction has not taken place, whether the Congress can have a finding, or the Senate can have a finding that they are guilty of insurrection and whether that’s sufficient. So it’s unresolved.”
That’s a taste of the background for considering using the 14th Amendment, Section 3, as a means of keeping Donald John Trump off of the ballot in 2024. As much as I believe Former President Trump will go down in the history books as the perpetrator of our darkest hours as a democracy in modern times (maybe ever), it gives him too much credit for normalcy to deny him the humiliation he so richly deserves as a candidate in 2024 election process.
Initially, I totally misjudged his oratorical talent to inspire the unfulfilled among us. Furthermore, he excelled in his malevolent abilities to tap into their id (according to Freud, “that set of uncoordinated instinctual desires”). He awakened in 10’s of millions of Americans that sense of loss and embarrassment that the nation they thought they knew and loved was, in their minds, stolen by unnatural forces. From their perspective, racial and gender equality are observably untrue. An acceptance of a multi-religious world is an insult to their God. An appreciation for being born with differing sexual orientations is blasphemous. And the idea that we must nurture not expend our planet’s natural resources and disrupting our climate is garbage science. This is who Mr. Trump speaks to and for.
For the majority of us who believe in the common good, and respect our founder’s desires to create a set of democratic ideals that include the rights of minorities, while advancing the evolving will of “we the people”, we (I) cannot support denying Mr. Trump and his followers the reality that America has changed. We are a melting pot of ethnic, cultural, and religious differences. Men and women are born equal under our laws. We have individual rights and responsibilities. We have abused the life-giving forces of this planet, and we as a species must face up to the challenges ahead or the generations to follow will perish on a hellscape.
By removing Mr. Trump from our electoral system, we deny him and his acolytes an object lesson in democracy. All Americans have the right to speak their mind and make their case for a particular belief, or belief in a particular person. Invoking an amendment to our Constitution that was written after a very problematic era and written for a very specific remediation is not warranted here.
Former President Trump will likely be found guilty of a wide range of felonies under our legal system. However, the presumption of innocence is also key to our justice system unless and until he fails to make his case and is found guilty. Again, I fully expect that to be the situation in the months to come.
As importantly, however, Mr. Trump has successfully made his case to his followers that he has been misunderstood and mistreated by our legal system. To therefore deny him and them the opportunity to fail miserably under the weight of the facts yet to be put before a jury of his peers is asking for trouble. Again, millions of our fellow Americans have invested heavily in his distorted and discriminatory view of who we as a nation wish to be, and he and they need to hear us out under our agreed upon system of justice. Anything short of that denies them their day(s) in court(s) and gives them just cause for a potential violent push back. They already tried that on January 6th, 2021, and dozens have been incarcerated for those acts. We now have to have faith that Mr. Trump, and his more radical followers live in an America of laws not ego-drenched autocrats.
If we don’t trust and believe that, we deserve to go by the way of all the once great nations before us.
John W-Bee
September 28, 2023








