The fortunes of President Trump and Joe Biden could not have been more at odds this week. In a year that has seen the Justice System abused and weaponized to no end by the Biden regime, finally, the Supreme Court seemed to offer a glimmer of hope for President Trump during Thursday’s oral argument for the Colorado Fourteenth Amendment case.
While a decision has not yet been handed down, the High Court appeared to be almost unanimously in agreement with the 45th President’s legal position, at least based on the tenor of the questions asked by the nine justices. This should be no surprise given the fact that 1) the Fourteenth Amendment patently does not apply to the events of January 6th, 2021, for the all-important reason that 2) there was no “insurrection” waged against the United States government, by President Trump or anyone else.
Thus, the case should have been dead on arrival. In saner times, it would never have gone beyond being a crackpot theory of maybe a handful of lunatic law professors fulminating in their classrooms. However, in an age in which the federal government has exacted an all-out assault against anyone who would so much as stand for the First Amendment, and other sacred constitutional rights including due process of law, the Supreme Court’s apparent sobriety and level headed questioning to the issue before it was radically refreshing.
To start, President Trump was not charged, now or at any point, with the so-called crime of “Insurrection.” To the extent Section 3 of the Fourteenth Amendment has ever been invoked to exclude alleged “insurrectionists” from national office, it has only been selectively enforced alongside legislation expressly and contemporaneously enacted by Congress. This issue was addressed in oral argument, where discussion of legislation enacted shortly after the Civil War, before the Fourteenth Amendment had been ratified, that excluded former Confederate War Generals and other accomplices from certain elected positions, was had. However, even in the aftermath of the Civil War, the bloodiest conflict in American history, President Andrew Johnson pardoned and granted amnesty to all ex-Confederates in 1868, and multiple other amnesties were granted in subsequent decades by Congress and other legislative bodies to enable anyone who had rebelled against the Union to return to public service.
Love,
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