Letter: It is unlikely Trump will be disqualified


The upcoming presidential election has sparked a vigorous debate on whether former President Donald Trump should be allowed to run for office again. Amidst this discussion, some have raised questions about the potential use of Amendment 14, Section 3 of the U.S. Constitution to prevent Trump’s candidacy. It is time to explore the subject and evaluate the likelihood of this occurring.

Amendment 14, Section 3 of the United States Constitution addresses the issue of individuals who have engaged in rebellion against the United States. It explicitly states that no person involved in insurrection or rebellion against the United States shall hold any office, including the presidency. At first glance, this provision might provide grounds for excluding Trump from the ballot. However, it is crucial to examine the practicalities and complexities involved.

A crucial factor to consider when discussing the possibility of blocking Trump’s candidacy is the composition of the Supreme Court. It is widely accepted that the current Supreme Court leans favorably towards Trump. The appointments made during his term have shifted the balance towards conservative justices. As a result, the Court’s decisions in cases involving Trump or his policies have often reflected this conservative bias.

To determine the Supreme Court’s approach to enforcing Amendment 14, Section 3, one must rely on legal precedent and interpretation. Historically, the Court has been cautious in using this provision to bar individuals from holding public office. It has consistently emphasized the political process and recognized that the will of the people, as expressed through voting, is the ultimate determinant of political representation. Thus, it is unlikely that the Court would intervene to block Trump’s appearance on the ballot based solely on Amendment 14, Section 3.

While some may harbor concerns about Trump’s potential re-election, relying solely on the Supreme Court to prevent his candidacy may not be the optimal solution. Blocking Trump through judicial means would likely empower him and energize his supporters. It could provide him with ammunition to portray himself as a victim of an unjust system, potentially strengthening his position and further galvanizing his base.

Rather than relying on the Supreme Court, the best course of action lies with the power of the electorate. By allowing Trump to appear on the ballot and subjecting him to the scrutiny and judgment of the voters, the electorate can exercise their democratic right to decide the former president’s fate. A clear rejection at the polls would provide a decisive mandate against Trump and eliminate any legitimate excuses from his narrative.

Conclusion: Despite hopes and expectations held by some individuals regarding the possibility of the Supreme Court enforcing the 14th Amendment against Trump, we need to recognize that this outcome appears highly improbable. The Supreme Court’s historical record of interpretation, coupled with its current composition, suggests that blocking Trump solely on the grounds provided by the amendment is unlikely. In my opinion, it would be more appropriate to place trust in the will of the people and allow them to decide Trump’s political fate through the electoral process.

Bob Spitzer