Did Trump give "aid or comfort" to the insurrectionists under Section 3 of the 14th Amendment?
Very little has been said about this part of the Constitution's Disqualification Clause
We’ve all heard about the debate over the Disqualification Clause of the 14th Amendment. The Supreme Court is currently considering whether Section 3 bars former President Donald Trump from holding office again for having engaged in insurrection on January 6th. The Colorado Supreme Court said yes, he’s disqualified under Colorado law, which incorporates the Constitution. The U.S. Supreme Court is likely to overrule that decision very soon, for reasons having nothing really to do with whether Trump actually engaged in insurrection on January 6th. In fact, very little was said at oral argument about that, as if everyone understood that he did engage in insurrection. Instead, the justices seemed worried about the political fallout, which frankly isn’t their job.
Keep in mind, too, that Section 3 goes on to state that “Congress may by a vote of two-thirds of each House, remove such disability” — meaning Congress can step in and slap down Colorado if it wants to. The Supreme Court should let Congress do its job politically, according to the Constitution’s plain text. Alternatively, if folks don’t like Section 3, concerned voters can band together and secure an amendment to the Constitution removing that language — something unelected justices who serve for life should not take it upon themselves to do by fiat.
Section 3 goes on to disqualify from holding office anyone who has “given aid or comfort to the enemies thereof.” A lesser known-question is whether the 1,200 plus individuals indicted by DOJ over January 6th were “enemies” of the United States as the word is used in the Treason Clause of the U.S. Constitution. If insurrection seems like a bridge too far, which it does for many, did Trump give “aid or comfort” to enemies of the United States?
This edition of Simple Politics tackles that question.
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