What say you?

10 thoughts on “What say you?”

    1. Certainly those who took an oath to defend the Constitution would be declared ineligible. But many of them are/were just employees or appointees. Not sure it would include them. Personally, I wouldn’t hire anyone who’d been convicted of conspiring against the country, and we may end up with many such convicts before this is all over. Or the Supreme Court may decide this clause is not applicable in modern America.

  1. So how do all those strict Constitutionalists worm their way around this quite unambiguous amendment? I was going to call them Originalists, but I’m not sure if that description includes all the amendments or not.

    1. As I understand it, there are arguments that this particular section of the Constitution was “obviously” intended to apply only to sworn Confederates in the wake of the Civil War. (Because it was written then? What about the rest of the Constitution, written back in 1787? What about the 27 amendments written in the years since?)

      We have the words right there, still, and I don’t see anything that limits them to just the post-Civil War period in our history. Of course, I’m not a judge or constitutional scholar or lawyer. But I can read English.

  2. I say nothing short of a conviction blessed by SCOTUS can make the 14th amendment determinative in this case because Trump’s cult-like base still believes in the Big Lie. Biased or not, SCOTUS will be loathe to rule until after the election. The high court’s reputation is already badly tarnished and they won’t want further risk if they can avoid it.

    1. Assuming the issue ever gets to SCOTUS, I can’t imagine it happening before the election. As I understand it, based on the amendment, local officials could refuse to put the obviously (to them) ineligible Trump on their ballots and that would throw each instance into the courts, and all that could easily drag on until after the election. I wonder what would happen if the issue finally gets to the Supreme Court but not until after the election and after Trump has been reelected?

... and that's my two cents