The curious effort to use Section 3 of the 14th Amendment to bar Donald Trump from running for a second term is still plugging along, but it’s having to do so without the support of what some might have assumed would be the effort’s natural political allies: Democratic secretaries of state.
According to Politico, these officials either don’t believe they have such authority – which in itself is a refreshing admission from any elected official – or that this is a matter for the courts to decide:
“The United States Supreme Court is the appropriate place to resolve this issue. The bottom line is it’s not about us at all. It doesn’t matter what a secretary of state does because we expect the Supreme Court to be the final arbiter,” said Michigan Secretary of State Jocelyn Benson, a Democrat.
Benson wasn’t done there:
“It’s not even appropriate for a state to give the secretary of state authority to do it. It shouldn’t be a unilateral decision from a political appointee or elected official. These should be determinations made by a judicial official,” she said.
Which is also a refreshing thing to here from an elected official. Far too often, electeds are eager to extend or enhance their reach over all manner of things. While it’s true they may have gotten limited government religion on this issue because the political consequences, near and long term could be enormous, there’s practical wisdom behind the assertion that this is beyond a secretary’s power.
As I’ve consistently written, the novel notion that Trump could be barred under the 14th Amendment from even being a candidate is exactly that: novel. It’s highly unlikely any court would be willing to stick its professional neck out to set a precedent on the issue…let alone toss Trump from a ballot.
This only reinforces the notion that the intellectual energy, capital, and time invested in this legal effort will fail. Those who think Mr. Trump is unfit for office would be much better advised to spend their time, talent, and treasure trying to defeat him in the general election in 2024.
That’s the only sure, proven, effective way to send Trump back to the sand traps of Mar-a-Lago.
The opinions expressed in this article are those of the author and do not necessarily reflect the positions of American Liberty News.
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