And the mainstream media is tickled pink about it.

In several States, Democrats and Never-Trumpers are trying very hard to keep The Donald off the ballot, claiming that since he is an insurrectionist (promoting and encouraging an insurrection on 6 January 2021 to overthrow the government) he is constitutionally ineligible to hold office, and therefore cannot even be on the primary ballots.

Now, we have always seen a few problems with that.

First, although at least one judge has arbitrarily declared The Donald to be an insurrectionist, this was done without due process: no trial, no formal charges (other than the media and virtually every Democrat’s and many Republican’s loud-mouthed rhetoric). Although many people wish it otherwise, even Trump must be considered “innocent until proven guilty.” (There are various groups that claim that no conviction is necessary, but to us, their reasoning seems… well, less than sterling.)

And there is certainly a lot of reason, legally and factually and with a tad of reason, to consider what happened on 6 January 2021 was even “insurrection” according to the intent of Congress and the States back in the 1860s when that provision was added to the Constitution. Lots and lots of people claim it was an insurrection but again, the logic is lacking. A more detailed analysis is beyond the scope of this commentary.

And there is a wee question as to whether the 14th Amendment even applies to Donald J Trump, based on its wording. For example, the legal argument could be that the events on 6 JAN 2021 were an attempt to uphold, to support the Constitution, not to “engage in insurrection or rebellion against the” Constitution. Yet Trump and his attorneys do not seem to be even suggesting such a defense.

There at least some doubt as to whether it actually applies to the President and Vice President. It does apply to Congress and to electors, It might apply to various offices “under” the United States, but that language is vague. Intentionally? Odd that Congress would not state specifically that it applied to POTUS, VPOTUS, and SCOTUS. Again, a more detailed analysis is beyond the scope of this commentary.

Finally, to us (none of us attorneys or judges) there does not seem to be a clear mechanism for enforcing the prohibition. It appears that the few times it has been applied, it was done by Congress.

A recent Newsweek article makes a big deal about how actions taken in the contentious and deadly 1968 presidential election threatens Trump being excluded in Colorado and other States.

At first, we thought (here at TPOL) that Trump’s lawyers were barking up the wrong tree. How? By claiming that the States did not have the power to enforce the provisions of the Amendment. But on studying it further, that may indeed be an important argument. (That would mean that New Mexico’s courts goofed in using it to strip a 6 January participant of office last year – but that would hardly be the first time that New Mexican officials have goofed badly to the detriment of people’s liberty and rights.)

At this point, it seems that only Congress and the Federal Blackrobes might have power to decide and enforce. If the various States agree to implement their decision. But that said, it would seem to be a matter that should be addressed after the 2024 election. As numerous people have pointed out in the last few weeks, John Roberts (Nazgul in chief) is very aware of political winds, and might very much be reluctant to overturn the Electoral College. If Trump has a clear victory there, and more and more reports indicate that is a strong possibility.

But Trump and his lawyers don’t seem to be working on a clear plan of action – strategically or tactically. They do not, for example, point out that ultimately it is the people and the States – in the various popular state-by-state votes and the Electoral College – who have the power to decide. NOT Congress, NOT the Judicial Branch. And certainly not the Executive Branch (Uncle Joe, his puppet masters, and his (or their) minions).

Especially as more and more revelations are found regarding what really happened on 6 January 2021. Including the actions of Congress itself (particularly then-Speaker Pelosi and President of the Senate Mike Pence), the Capitol Police, and the Feebes. Public opinion seems to be running more and more in The Donald’s favor.

(Note, please, we here at TPOL are not fans of The Donald – for many reasons. But for even more reasons, we believe that he is far preferable to Uncle Joe – and even more Missie Kamala.)

But in particular, both sides do not understand the true stakes of the fuss. Supposedly those who claim that Trump endangers our “democracy” seem willing to throw that democracy away by not allowing the electorate to have an honest choice. The very ones who claim our Constitution is a piece of junk seem to be appealing to it (albeit in a twisted way). But the GOP Trumpistas also do not seem to understand the issues truly at stake and seem unwilling to challenge the claims openly, both in the public forum and media and the courts. And are constantly failing to clearly state their positions directly to people. In other words, they still depend on the Deep State and the Mainstream Media to be honest and do the right thing.

After nearly 250 years, you’d think we would know better.