by Joseph DeMaio, ©2021
(Jan. 24, 2021) — OK, now that the Democrats in Congress are getting cold feet over the diminishing potential for a successful Citizen Trump Impeachment 2.0, an alternate path is being considered. The 14th Amendment avenue is under consideration for its language that no public official, having previously taken an oath to support the Constitution, is allowed to hold public office if he/she “shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.” Sen. Tim Kaine (D. VA) favors the gambit, thereby ensuring its failure.
The debate among congressional Democrats now seems to focus on whether in the absence of a Senate conviction on a bill of impeachment, Citizen Trump could be deemed to have been guilty of either insurrection or rebellion under the 14th Amendment. In addition, there is the question of whether a simple majority vote in both Houses would suffice for disqualification or whether the two-thirds vote requirement for an impeachment would apply. In the absence of conviction by the Senate on a bill of impeachment, a “disqualification” to hold future office could become more difficult.
Interestingly, however, because the 14th Amendment also provides that Congress may, by a two-thirds vote of both the Senate and the House, “remove such disability,” if the removal option requires a two-thirds vote by both Houses, it seems logical to conclude that a two-thirds vote to impose the “disqualification disability” would also be needed. A simple majority vote likely would not suffice.
All of these issues aside, note that both Antifa and Black Lives Matter trace their origins to founders who were (and are) ardent supports of Communism (Antifa and/or Marxism (BLM). Communism and Marxism, it should go without saying – albeit a debatable assumption these days – are not exactly politically compatible with a constitutional Republic governed by a Constitution such as that which exists here.
Stated otherwise, Antifa and BLM can be characterized as espousing and implementing – frequently violently – policies and actions antithetical to those of the United States and its governing Constitution. It would thus not be difficult, by logical extension, to view Antifa and BLM as being enemies of the Constitution as well as enemies of the Republic governed by it.
Accordingly, under Sen. Kaine’s and other Democrats’ reading of the 14th Amendment, an argument might be made, for example, that Kamala Devi Harris should be removed from office and precluded from ever holding public office, and not because of her eligibility bona fides under the 12th Amendment. Why?
Well, Virginia, did she not “tweet” to the world, including her own donors, that they should send money to organizations like the Minnesota Freedom Fund in order to “post bail” for Antifa rioters who had been arrested for arson, assault, criminal damage and related crimes blossoming in Minneapolis and elsewhere last summer? Why is this not the giving of “aid and comfort” to an enemy of the principles and tenets of the Constitution?
If Citizen Trump is to be subjected to the 14th Amendment’s “disqualification disability” without a Senate conviction on the bill of impeachment for “insurrection or rebellion,” why should not Kamala Devi Harris also be subjected to disqualification under the 14th Amendment’s provision regarding “giving aid and comfort to the enemies” of the Constitution, i.e., members of organizations with their roots embedded in the ideologies of Communism and Marxism?