by Joseph DeMaio, ©2021

Handwritten text of the 14th Amendment, National Archives

(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? 

I’ll wait.

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  2. The Impeachment process is the sole remedy for removing a President. “The President….shall be removed FROM OFFICE on impeachment for, and CONVICTION of, treason, bribery or other high crimes or misdemeanors”- Art.II, Sec.4, US Const.

    “WHEN sitting for that purpose…WHEN the PRESIDENT OF THE UNITED STATES is tried, the Chief Justice SHALL preside”.
    -Art.1, Sec. 3, Clause 6

    “Judgement in cases of impeachment SHALL NOT extend further than to removal from office, and disqualification to hold and enjoy any office of honor,trust or profit under the United States: BUT the party convicted shall…be liable and subject to indictment, trial, judgement and punishment ACCORDING TO LAW”. Art. 1, Sec 3. Clause 7, US Const.

    The 14th Amendment, Sec. 3, applies only to those persons who have been actually convicted of insurrection, rebellion and/or treason in a court of law pursuant to the Fifth Amendment.

    Donald J. Trump, Sr. did NOT incite any insurrection against the United States. Many Democrats, including Schumer, Pelosi, Waters and Harris DID!!!

    “NO PERSON shall be held to answer for a capital, or otherwise infamous crime, UNLESS on Presentment OR Indictment of a Grand Jury…NOR be deprived of life,liberty or property, WITHOUT DUE PROCESS OF LAW…”

  3. These cotton-picking Democrats have lost their cotton-picking minds. They hate Donald Trump so much that if he ran for dog catcher against Chinese Communist Party ruler Xi Jinping, Jinping would win.
    The CPs want Trump out of politics forever. They do not want him running for president again. Their fear of fears is that Donald Trump becomes president again in 2024. Can you imagine the gnashing of teeth and the tearing of garments that will cause?
    I can’t wait.

    1. Well said sir, well said. This was an interesting article. And to answer Joseph DeMaio’s question above, I say yes, King Kamala Harris (who is an anchor baby) should be subjected to disqualification.
      I’ve not heard “cotton-picking” since my late grandmother said it…constantly! She was from Louisiana, and used “well I swawney” quite a bit as well. Can we even say “cotton-picking” nowadays? Hmmmm…oh yeah, my grandmother picked a lot of cotton when she was younger.
      Question #2…since BLM painted their slogan on the street with safety yellow paint, can we paint “Trump Supporters Lives Matter” on the street down here in Texas? I’ll wait
      I’ll leave with this…my wife sent me to small store nearby to purchase a small container of onion flakes she needed for a recipe she was cooking a couple days ago. I did that. Well yesterday I grabbed it from the cabinet to sprinkle on a dish I was cooking, I looked on back of little container and seen “Product of USA, China” printed exactly like that. Not “USA AND China.” Weird! Anyway, I spoke out loud and said ‘what the h**l is this, China is making our cotton-picking onion flakes now?’ We’re all guilty of having Made in China stuff/junk in our homes. It’s no wonder why they have money to burn. Those onion flakes really woke me up!
      The 14th Amendment, if used against still President, Donald Trump, I’m afraid I’ll be gnashing my teeth too! (What in Sam’s Hill am I saying?)

    2. If the powers that be actually followed the constitution, President Trump would BE in the Oval Office as President now. There is ample evidence that the 2020 Election was illegitimate. The very fact alone that the Legislative authority was BREACHED in four States is enough to declare the election fraudulent. In addition, Biden is complicit with Obama’s usurpation of the Presidency and Biden is now complicit with Kamala Harris’ usurpation of the Vice-Presidency., as is Nancy Pelosi. ALL Three are guilty of espionage and treason against the United States. In an ideal world they would all be in Guantanamo Bay prison. Usurpation of our highest offices, by fraud, during time of war, and amounts to espionage under 10USC and Treason under 18USC.

      1. Exactly Robert. I don’t know what it’s going to take but we have to make this justice happen. I have found through many actions no one want’s to listen, even the Texas Supreme Court but I am not finished either.