Politico reports that a Colorado judge has ruled on the 14th Amendment challenge to Donald Trump’s right to run for President. https://www.politico.com/news/2023/11/17/colorado-judge-rules-trump-engaged-in-insurrection-but-can-still-run-for-president-00127909

The Citizens for Responsibility and Ethics in Washington challenged Donald Trump’s right to run for office, invoking the 14th Amendment to the Constitution of the United States. Section 3 of the 14th Amendment states “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. “

“CREW said the insurrection at the U.S. Capitol on Jan. 6 disqualified Trump under a reading of the Civil War-era amendment.”

“The judge found that Trump did engage in an insurrection on January 6, 2021 “through incitement, and that the First Amendment does not protect Trump’s speech.” But she also found that Section 3 of the 14th Amendment doesn’t apply to Trump.”

The Judge indicated that since the insurrection clause of the 14th Amendment does not mention the President specifically, that it was not wise to interpret the clause where the Founders had not spoken.

Almost certainly, the authors of the Constitution considered the President to be an officer of the United States. Article II, Section 1, says “The executive Power shall be vested in a President of the United States of America.

He shall hold his Office during the Term of four Years”

Paragraph 6 states “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President;  neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”

Paragraph 7 states “In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.”

Paragrah 9 states “Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:–“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Article II, Section 4 states “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

Quotes from The Constitution of the United States are taken from this source: https://constitutioncenter.org/the-constitution/full-text

It is a strange interpretation that the Founders vested all executive power in a President who is not an Officer of the United States, or make a President who is not an Officer of the United States take an “Oath of Office.” It is this Oath of Office which is the basis for the Insurrection Clause of the 14th Amendment. The wording of the clause appears to apply to all who take an Oath of Office to Defend the Constitution of the United States.

Of course, there is an extra-Constitutional reason for the Judge to rule. The Judge knows, as well as everyone who has lived in America since 2016, that enforcing the Constitution’s 14th Amendment would lead to massive violence by supporters of former President Trump. The events of January 6, 2021 show that America is under threat from a leader who sees violence as an acceptable approach to gaining or retaining public Office.

All America is under threat from Donald Trump and his supporters. Donald Trump has already said he would trash The Constitution of the United States if that would keep him in office. His supporters on January 6 made clear their contempt for The Constitution, and their willingness to use violence to keep Trump in power. Every Secretary of State fears that violence, and they are all avoiding their own duty to enforce The Constitution in regard to this particular disqualification of a candidate.

The fear is justified. The Secretaries who will not keep Trump off the ballot make it sound like a principled stand – “let the voters decided whether he should be in office.” A good principle indeed. In November 2020, the voters decided that Trump should not continue in office, and the result was the violent attack on the Capitol and the offices of Congress on January 6, 2021.

Does anyone think that Donald Trump will accept defeat in November 2024, and congratulate the winner? America will live under the shadow of violence as long as Donald Trump is politically active. The threat is made all the worse by the cowardice of the Republican National Committee in refusing to take the lead in disqualifying Donald Trump for the 2024 election.

If the question makes it to The Supreme Court of the United States, I would remind the Justices that each of them took an Oath to Defend the Constitution. I would also note that the Supreme Court building probably has better security than the offices of the Secretary of State in any of the 50 states.