Let’s jettison due process to ‘save our democracy’
The Left’s frenzied focus on Section 3 of the Fourteenth Amendment is a typical deflection maneuver. As usual it represents the selection of one part of the Constitution found useful for the purpose du jour, while conveniently ignoring more important sections that preclude the Left’s agendas.
It was gratifying to see that all members of the Supreme Court raised some of these other issues during the oral argument about the attempt to keep President Trump off the ballot. Even the leftist justices refused to be lulled into the trap of a singular focus on Section 3 to the exclusion of all else. They were clearly troubled, for example, by the implications for the Constitution’s structure of federalism. It would be of great service to our democracy if the justices were unanimous in holding that Section 3 cannot be used to jettison the rest of the Constitution.
The most important constitutional issue is that of due process, which infuses the whole Constitution throughout its many parts, including interestingly enough, Section 1 of the Fourteenth Amendment itself: “...nor shall any state deprive any person of life, liberty, or property, without due process of law….” It is such an embarrassment that in modern America one would have to remind the Left to please read the full amendment, just for starters, and as further remedial instruction, the Fifth Amendment.
There has been no due process whatsoever on the question of Trump as a so-called “insurrectionist.” Taking Trump off the ballot without due process is worthy of a republic growing bananas. There has been no forum for defense. No counsel. No cross-examination. Nothing. In fact, Trump has not even been charged—the first step in due process—with “insurrection,” in any of the court cases brought by the Left to frustrate his ability to campaign on a level playing field. Ballot removal needs to be assessed in the context of all the other desperate attempts to weaponize the government against a political opponent: attacking his financial security; curating what he can say with gag orders; tying up his attention, energy, and money in multiple court cases; and so on.
It has now gotten to the point that all Americans, including those who do not like Trump, should vote to put a stop to this relentless abuse of power. Otherwise there will be no democracy left to save. I am urging all my friends, especially those who dislike Trump, to consider whether their dislike of one man is more important than their love of country.
That is the overarching issue of 2024. A resounding message must be sent by We the People. Due process is so fundamental it cannot be allowed to be denied by the unhinged. It is a principle far more venerable than even the Constitution itself. John 7:51 asks: “Doth our law judge any man, before it hear him...?” All Americans, especially those on the Left, should ask themselves the same question.
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