Friday, September 11, 2020

About the 14th Amendment

My buddy Earl sends an opinion piece circulated by Turning Point USA. It makes some interesting claims concerning the President's powers under Section 3 of the 14th Amendment to the Constitution. Rather than take their word for it, I looked up the text of that section and here it is, courtesy of Wikipedia.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.

I'm no attorney, but the meaning of the very long first sentence seems clear enough. If one has "engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof" that person cannot hold office in a state or the federal government. "The same" refers to the United States or any State. 

TPUSA argues that section gives the President the power to remove from office a governor who gives aid or comfort to those in rebellion against the United States. Such removal could include arrest and trial. I'd be interested to learn whether this power extends to city and county officials ... it could. 

The mayor of Portland and/or the governor of Oregon would make interesting test cases. They appear to have taken the side of those in open rebellion, as did the mayor of Seattle and perhaps the governor of Washington. 

I'd like someone to ask Attorney General Barr about this, on the record. Elected officials swore to enforce the laws of the land, and defend the rights of law abiding citizens to be safe in their persons and property. Refusal to do so very closely resembles "aid and comfort" to the rebels.