Anti-Trump forces found a new way to weaponize the government against Donald Trump.
This scheme is gathering momentum and it’s the ultimate failsafe.
And there is one plan to kick Donald Trump off the 2024 ballot that should terrify every American.
Law professors William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas are set to publish an article in the University of Pennsylvania Law Review arguing that Section 3 of the 14th Amendment renders Donald Trump ineligible to be president.
Congress ratified the 14th Amendment after the Civil War and Section 3 bars anyone engaged in insurrection or rebellion against the United States from ever holding office again.
This was meant to prevent Confederate officers from rejoining the government they fought against.
In the article, Paulsen and Baude lay out a number of controversial claims about how this amendment applies to Trump.
“First, Section Three remains an enforceable part of the Constitution, not limited to the Civil War, and not effectively repealed by nineteenth century amnesty legislation. Second, Section Three is self-executing, operating as an immediate disqualification from office, without the need for additional action by Congress. It can and should be enforced by every official, state or federal, who judges qualifications. Third, to the extent of any conflict with prior constitutional rules, Section Three repeals, supersedes, or simply satisfies them. This includes the rules against bills of attainder or ex post facto laws, the Due Process Clause, and even the free speech principles of the First Amendment. Fourth, Section Three covers a broad range of conduct against the authority of the constitutional order, including many instances of indirect participation or support as “aid or comfort,”” the two wrote.
George Washinton Law Professor Jonathan Turley blasted the ideas in the article as “dangerous” as Trump was never charged with insurrection and incitement.
Instead, this is another attempt by Never-Trumpers to twist the law to settle a political disagreement.
“Under the 14th Amendment, you have this bar on federal office, if you supported or if you gave aid and comfort to an insurrection or rebellion,” Turley added. “Now, of course, that brings you to the original question. What was January 6th? In the view of many citizens, including myself, it was a protest that became a riot. It was not a rebellion or insurrection. But that’s a matter of disagreement between citizens. But Donald Trump hasn’t been charged with insurrection, not even incitement. Special Counsel Jack Smith charged him with a variety of crimes like fraud. He notably did not charge him with even incitement.”
This idea of using the 14th Amendment to ban Trump quickly gained steam on the Left.
California Governor Gavin Newsom declared his support for the legislature to pass a law banning Trump from the California ballot.
If California follows through with this attack on democracy, other blue states will soon follow.
Democrats are only going to these lengths because they are unsure Joe Biden can beat Trump in 2024.
And for all their talk about defending democracy, Democrats would end it in a heartbeat by taking away the people’s right to choose their own leaders if they follow through with this scheme to stretch the meaning of Section 3 of the 14th Amendment to kick Trump off the 2024 ballot.