It happens every holiday. America experiences a collective brain drain. I’m sure you’ve noticed. With Congress and the White House both out of town and no real news to report, media outlets fill their airtime and opinion pages with pure pap: outrageous mental meanderings that would never be given space or taken seriously in normal times.
This holiday season, for example, the media has been consumed by speculation about the 14th Amendment — prompted by rulings by the Colorado Supreme Court and Maine Secretary of State Shenna Bellows that, under that amendment’s wording, Donald Trump is ineligible to run for president and therefore will not appear on their states’ ballots. The media has been further preoccupied with the certainty that their decisions would be appealed to the Supreme Court.
Whereupon the flood gates of mindless speculation burst open. Pundits, politicians and quasi-legal scholars cried foul. On three counts. First, that it’s up to the people to decide whether Trump is eligible, not the courts. Second, that, among other federal offices mentioned, the Constitution does not specifically include the office of “president.” Third, that dumping Trump is grossly unfair and makes him a political martyr.
All of which is absolute, total nonsense. To all those holiday loudmouths, I have only one question: Can you read?
As it has in too many cases, the Supreme Court may decide to ignore what the Constitution says and overrule Colorado and Maine. Nevertheless, the Constitution is clear about who can run for president and who cannot. It says any American citizen can run for president, with four big exceptions.
Article II of the Constitution lays down the first three. Anybody can run for president as long as they are at least 35 years old, are a natural-born citizen and have lived in the United States for at least 14 years.
After the Civil War, members of Congress added a fourth test. Not wanting this country to fear that federal officials might again attempt to overthrow the government, they added the 14th Amendment which, among other provisions, disqualifies as a candidate for any federal office anybody who swore to uphold the Constitution and then sought to overturn it.
The language of Section 3 of the 14th Amendment is clear: “No person shall…hold an office, civil or military, under the United States…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.”
Then Congress added an important final clause: “But Congress may by a vote of two-thirds of each House, remove such disability.”
Which leaves only three questions. First: Did Donald Trump “engage in insurrection” and/or “give comfort to” those who did? Absolutely. Even though not yet convicted of doing so (which the Constitution does not require), we know from multiple sources, including his own words on tape, that Trump summoned an armed mob to Washington to attack the U.S. Capitol; called state officials to find him more votes; called members of the Electoral College to persuade them to change their votes; pressured Vice President Pence not to certify the Electoral College results; and has promised to pardon those convicted in the Jan. 6 attack.
Second question: Has Congress by a two-thirds vote given Donald Trump a free pass? No.
Third question: Do we believe in the Constitution or not? If so, there’s only one answer.
Banning Donald Trump from the 2024 presidential ballot does not deprive the people from their right to vote. It simply affirms the United States Constitution. Case closed.
Press hosts “The Bill Press Pod.” He is the author of “From the Left: A Life in the Crossfire.”