One Way to Accurately Memorialize Jan. 6, 2021

No, this won’t stop Trump, but it’s still important to go through the motions (boldface mine):

The Constitution provides that an oath-breaking insurrectionist is ineligible to be president. This is the plain wording of Section 3 of the 14th Amendment to the Constitution. “No person shall … hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.” This disability can be removed by a two-thirds vote in each House.

Disqualification is based on insurrection against the Constitution and not the government. The evidence of Donald Trump’s engaging in such insurrection is overwhelming. The matter has been decided in three separate forums, two of which were fully contested with the active participation of Trump’s counsel…

The second contested proceeding was the Colorado five-day judicial due process hearing where the court “found by clear and convincing evidence that President Trump engaged in insurrection as those terms are used in Section Three.” The Colorado Supreme Court affirmed. On further appeal to the U.S. Supreme Court, the court held that states lack power to disqualify candidates for federal office and that federal legislation was required to enforce Section 3. The court did not address the finding that Trump had engaged in insurrection.

Any challenge to Trump’s election would be voided by the Republican majorities in each house, so this wouldn’t stop him. But it would be a good opportunity to remind people who and what he is. Moreover, this would be following the Supreme Court’s decision that Congress needs to affirmatively act.

Yes, it’s performative, but performative politics have their time and place, and this is the time and place for them.

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5 Responses to One Way to Accurately Memorialize Jan. 6, 2021

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  2. John says:

    Robert Heinlein: “Only a fool bets on a sure thing.” Therefore I won’t bet that only a small minority of Democrats will publicly make the stink. The general rule is that if there’s a right thing to do, the Democratic leadership won’t do it.

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