By Arlen Grossman

Published in dailykos.com, Feb. 9, 2024

As we all know, the laws in this country are based on the United States Constitution. Legal experts have always talked about the intent and meaning of the words therein. They should be followed as written and intended.

It certainly seems simple enough. The 14th Amendment to the Constitution directs us not to allow certain officials to hold office in this country. It is written this way:

Section 3. 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, 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.

In our case under consideration, we know that Donald Trump, “as an officer of the United States,” took “an oath to support the Constitution of the United States,” engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

It couldn’t be more clear. Donald Trump forfeited his rights to “hold any office, civil or military, under the United States.” It’s time for him to stop campaigning for president, and to move on to defending himself against the 91 felony counts he is charged with. A number of conservative legal scholars see it that way, among them the respected J. Michael Luttig, a member of the Federalist Society.

Many experts think this clause in the 14th Amendment should be “self-executing,”  meaning domestic courts can enforce them directly. There is dispute about whether this law is self-executing. So our politically oriented, conservative Supreme Court will take it up. The Court is which Merrick Garland should be a member, and not Amy Coney Barrett, were it not for Donald Trump and Mitch McConnell’s sleazy moves to slant the court in the GOP’s favor.

We can surely expect the Roberts Court to ignore the relevant words in the 14th Amendment and find a way to make sure Trump continues to run. That will make it clear that it is not the words in the Constitution that matter, but rather how the Supreme Court decides to interpret those words.

We should’t be surprised.