A legal pathway for Trump

Donald Trump has appealed to the Supreme Court regarding decisions by Maine and Colorado to block him from the ballot. In typical fashion, his lawyer, Alina Habba, has already tainted any SCOTUS decision by saying Justice Kavanaugh will “step up” for Trump, inferring a quid pro quo.

Clarence Thomas’ participation in any deliberation or decision will also taint the outcome. His wife, Ginny Thomas, was directly involved in the January 6 Insurrection having organized busloads of hooligans to pour into the Capital.

Historically, election issues are handled at the state level under federalism. Congress has authority to make rules around federal elections such as setting a uniform voting day and reporting deadlines. But each state is responsible for handling their own election issues. That explains the confusing lack of uniformity around issues of gerrymandering, ballot design, caucus vs. primary, voter eligibility, and qualifications for appearing on the ballot.

It would set a bad precedent for SCOTUS to interfere with state’s rights by bringing Trump back into power.

If the Supreme Court does decide to intercede with state authority on ballots, there’s only one legitimate outcome that could result: disqualify Trump (and co-conspirators) from ballots in all 50 states.

The language of the 14th Amendment is clear and concise. Persons who engage in insurrection against the United States cannot hold any office. Trump must be declared ineligible.

Neither Congress, nor the President, not even the Supreme Court, can flagrantly ignore or defy an important part of the Constitution. There’s no rank order saying one amendment ranks higher than another. Under a constitutional system of government, the 14th Amendment is just as valid and important as the First or Second Amendments.

The Supreme Court needs to clarify to Secretaries of State across the country that having Trump’s name on ballots actually violates the Constitution. Trump’s name on an official ballot is tantamount to denying individuals the right to worship, preventing law-abiding citizens from owning guns, depriving legal counsel, or conducting an illegal search. Unconstitutional actions need to be rectified and this means enforcement of the 14th Amendment.

A number of pundits claim that removing Trump’s name from the ballot prevents a democratic election. These same voices lack the courage to speak their true meaning: disregard the Constitution and allow Trump to continue breaking laws.

Democracy is more than a popularity contest. Our Founding Fathers provided a framework for keeping the country running and we must respect the rules that exist.

Fortunately for Trump and his supporters, there are two ways to overcome ballot prohibition. Neither option involves running to the Supreme Court for relief.

The first option is sponsoring a constitutional amendment to negate any portions of the 14th Amendment. This is the route used to overturn alcohol Prohibition. Of course, this route takes time, effort and dedication. With Trump having the attention span of an infant, this approach is unlikely to succeed.

The second option is contained within the text of the 14th Amendment itself. Trump needs to garner two-thirds support from both houses of Congress. A solid show of support from Congress can reinstate his ballot eligibility.

Trump has already enlisted a small cadre of zombie Republicans to join his crusade. Their names are peppered throughout the January 6 Report. They actively engage in insurrection and then seek presidential pardons and book publishing offers. These congressional leaders can convince their colleagues to restore Trump to the ballot. This is what the Constitution considers an acceptable way of restoring eligibility.

Our Constitution, the Supreme Law of the land, continues to be the preeminent, oldest, and most respected political document in the world. Millions have died defending the Constitution and millions more aspire to live under its protections and freedoms. The Constitution must not be sullied by corrupt members of Congress, the Supreme Court, or anarchist mobs.

There are costs to maintaining a democratic system of government, whether it’s raising an army or protecting elections. For Donald Trump, there’s a personal cost. He is no longer qualified to serve in office.

David Daniels

Missoula