(RightWing.org) – Democrats are determined to do anything and everything they can to thwart Donald Trump, who’s no longer even in office. Regardless, Democrats made it known that they want Trump barred from ever running for elected office again. It appears that Republicans will not support a “yes” vote in the second Senate trial of the former president, stymying their wish.
However, Democrats believe that a Senate conviction is not the only way to bar Trump from ever running again. It’s unlikely Democrats will garner the 67 votes needed to convict the former president. So, they might look to invoke Section 3 of the 14th Amendment.
The 14th Amendment
How many Constitutional amendments can Democrats pursue? Throughout Trump’s first term, Democrats wanted Vice President Mike Pence and cabinet secretaries to invoke the 25th Amendment to remove Trump on the ground he was crazy and incapable of doing the job. Obviously, that didn’t work.
Now that Trump’s gone, they’re still wasting time, energy, and America’s chance at normalcy. According to Senate Majority Leader Chuck Schumer (D-NY) and Sen. Tim Kaine (D-VA), they intend to consider the 14th Amendment as another means of preventing Trump from running in 2024.
The 14th Amendment was created in the wake of the Civil War. Its purpose was to prevent those in the South directly involved in the separation from the Union from holding office. In essence, they committed treason and, therefore, shouldn’t be involved in the government they rebelled against.
It’s Tricky
Democrats believe they can use this provision in the Constitution against someone “engaged in insurrection.” It’s no accident that Democrats repeatedly use that word. Regardless, the process is, procedurally speaking, tricky.
Why?
There are no civil laws on the books that enforce the 14th Amendment. There are two criminal laws, but Trump was not convicted of committing any crimes. For Congress to enforce the 14th Amendment against Trump, it would need to pass legislation allowing civil actions against him. In an evenly divided Senate, that might be difficult, and if it did pass, the law would most certainly be challenged before a conservative Supreme Court.
Once again, Democrats are willing to take America on a worthless journey when there are more pressing matters they should be addressing. Especially considering the nation is in the throes of a destructive pandemic wreaking havoc on people’s lives and livelihoods.
Don Purdum, Independent Political Analyst
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