Let’s brush up on the Fourteenth Amendment, which is once again in the news. Indeed, it is the Christmas holiday season. So, we will look at this with the aim to be informed citizens. There is no politics, just education outside the realm of public opinion.
Can a state disqualify a presidential candidate from appearing on the primary ballot? One western state says yes, and other states are also considering doing this also. It’s worth our time to ponder this question, which may be coming to your state.
Section three is where the debate is. Remember that the Fourteenth Amendment is one of the Civil War Amendments that deals with insurrectionists. What is an insurrectionist? I say it is an armed rebellion that attempts to overthrow the government and perhaps establish a new one.
What Does the Fourteenth Amendment, Sec. 3 Say?
(Notice who is NOT mentioned)
“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…”
Most important, who is not mentioned in the Fourteenth Amendment, sec. 3? The President or the Vice-President. Why? The presidency is the only office voted on by the entire United States (through their electors, appointed by state legislatures according to Article II, Section 1, clause 2).
Continuing . . .
“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.”
As of this writing, no president has been charged with insurrection. What’s more, re-read the above text. The Fourteenth Amendment does not prevent an insurrectionist from running for President.
Remember that in February 2021, the Senate did not find the former President guilty of insurrection.
Moreover, consider what the Constitution says as you listen to and read the news. The Constitution calls itself the “Supreme Law of the Land” (Article VI, Clause 2). Our politicians, press, and professors do not have that title.
This is Common Sense Civics and Citizenship.🇺🇸
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